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Indigenous, Indian, and Aboriginal Law

1984

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Articles 31 - 58 of 58

Full-Text Articles in Law

Indian Water Rights In The Supreme Court: A Review And Preview, Louis F. Claiborne Jun 1984

Indian Water Rights In The Supreme Court: A Review And Preview, Louis F. Claiborne

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

12 pages.


Introduction To Reserved Water Rights, Ralph W. Johnson Jun 1984

Introduction To Reserved Water Rights, Ralph W. Johnson

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

16 pages.


Developments In Federal Water Policies And Programs, Harold W. Furman Ii Jun 1984

Developments In Federal Water Policies And Programs, Harold W. Furman Ii

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

14 pages.


Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center Jun 1984

Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

Conference organizers and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., David H. Getches, Lawrence J. MacDonnell and Richard B. Collins.

In general, water rights are a matter of state law. However, the availability and development of water are affected by important federal rights, policies and programs. In this conference, an outstanding group of private practitioners, government representatives and academics consider this important topic.


Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino Jun 1984

Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

88 pages.

Contains attachments.


Defendant-Appellants' Consolidated Opening Brief Apr 1984

Defendant-Appellants' Consolidated Opening Brief

United States v. Sohappy, Nos. 84-3032 to 84-3044, 83-3063 to 83-3065, 83-3070, 83-3072 to 83-3079, 83-3084 (770 F.2d 816 (9th Cir. 1985))

No abstract provided.


Appellants' Opening Brief Apr 1984

Appellants' Opening Brief

United States v. Washington, Docket No. No. 84-3571 (761 F.2d 1404 (9th Cir. 1985))

No abstract provided.


The Canons Of Indian Treaty And Statutory Construction: A Proposal For Codification, Jill De La Hunt Apr 1984

The Canons Of Indian Treaty And Statutory Construction: A Proposal For Codification, Jill De La Hunt

University of Michigan Journal of Law Reform

This Note argues that the canons of construction should play a central role in the interpretation of Indian treaties and statutes. The Note proposes revitalization of the canons through congressional action codifying the rules of construction into federal law. Part I traces the historical development of the canons to further the federal-Indian trust relationship. Part II analyzes recent Supreme Court decisions that demonstrate decreased use of the canons. Part III argues that strong canons of construction are necessary to the development of self-determining Indian tribes and proposes federal legislation to ensure the continued vitality and importance of the canons of …


Resource Law Notes Newsletter, No. 2, Apr. 1984, University Of Colorado Boulder. Natural Resources Law Center Apr 1984

Resource Law Notes Newsletter, No. 2, Apr. 1984, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim Jan 1984

Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim

American Indian Law Review

No abstract provided.


Tribal Sovereignty: Alaskan Native Exercise Of Sovereign Powers, David Blurton Jan 1984

Tribal Sovereignty: Alaskan Native Exercise Of Sovereign Powers, David Blurton

American Indian Law Review

No abstract provided.


Reservations: The Surplus Lands Acts And The Question Of Reservation Disestablishment, Susan D. Campbell Jan 1984

Reservations: The Surplus Lands Acts And The Question Of Reservation Disestablishment, Susan D. Campbell

American Indian Law Review

No abstract provided.


Federal Recent Developments Jan 1984

Federal Recent Developments

American Indian Law Review

No abstract provided.


Tribal Property: Defining The Parameters Of The Federal Trust Relationship Under The Non-Intercourse Act: Catawba Indian Tribe V. South Carolina, Mark Ulmer Jan 1984

Tribal Property: Defining The Parameters Of The Federal Trust Relationship Under The Non-Intercourse Act: Catawba Indian Tribe V. South Carolina, Mark Ulmer

American Indian Law Review

No abstract provided.


Three Affiliated Tribes V. Wold Engineering (1984), United States Supreme Court, Harry Blackmun Jan 1984

Three Affiliated Tribes V. Wold Engineering (1984), United States Supreme Court, Harry Blackmun

US Government Documents related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The North Dakota courts held that the tribes would have to give up tribal sovereignty if they wanted to try …


Year-End Report Of The 2d Session Of The 98th Congress, United States Congress, Us Senate Jan 1984

Year-End Report Of The 2d Session Of The 98th Congress, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This excerpt from the United States (US) Year-End Senate Report, dated January 1, 1984, includes a section entitled “Accomplishments of the Senate Select Committee on Indian Affairs” that summarizes laws passed and enacted regarding Indigenous People in the United States. The summary covers business pertaining to tribes across the United States, including the note that hearings on Indian health were held in North Dakota, Alaska, Washington, and Montana and that the Indian Health Care Improvement Act was vetoed. The summary indicates that an inheritance and land consolidation code was enacted pertaining to the Sisseton-Wahpeton Sioux Tribe of North and South …


The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery Jan 1984

The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery

Brian Slattery

This article reviews the constitutional and historical grounds for Aboriginal and treaty rights in Canada and discusses the legal effects of entrenching these rights in the Constitution of Canada in 1982.


Resource Law Notes Newsletter, No. 1, Jan. 1984, University Of Colorado Boulder. Natural Resources Law Center Jan 1984

Resource Law Notes Newsletter, No. 1, Jan. 1984, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden Jan 1984

Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

American Indian Law Review

No abstract provided.


Self-Government And The Constitution: A Comparative Look At Native Canadians And American Indians, Edward M. Morgan Jan 1984

Self-Government And The Constitution: A Comparative Look At Native Canadians And American Indians, Edward M. Morgan

American Indian Law Review

No abstract provided.


Philosophical, Legal, And Social Rationales For Appropriating The Tribal Estate, 1607 To1980, Arrell Morgan Gibson Jan 1984

Philosophical, Legal, And Social Rationales For Appropriating The Tribal Estate, 1607 To1980, Arrell Morgan Gibson

American Indian Law Review

No abstract provided.


Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden Jan 1984

Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

Articles

An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the controlling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign immunity …


Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden Jan 1984

Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

Articles

An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the con-. trolling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign …


Do Government Rights Prevail, Or Are Shoshone Indians Trespassers In Their Own Country?, Richard B. Collins Jan 1984

Do Government Rights Prevail, Or Are Shoshone Indians Trespassers In Their Own Country?, Richard B. Collins

Publications

No abstract provided.


Federal Power Over Indians: Its Sources, Scope, And Limitations, Nell Jessup Newton Jan 1984

Federal Power Over Indians: Its Sources, Scope, And Limitations, Nell Jessup Newton

Journal Articles

Judicial deference to federal legislation affecting Indians is a theme that has persisted throughout the two-hundred-year history of American Indian law. The Supreme Court has sustained nearly every piece of federal legislation it has considered directly regulating Indian tribes, whether challenged as being beyond federal power or within that power but violating individual rights.' This judicial deference often has been justified by invoking federal plenary power to regulate Indian affairs and the political question doctrine's requirement of deference to the political branches. Indeed, not until 1977 did the Court explicitly repudiate use of the political question doctrine to bar equal …


Narf North: Alaska Office Opens, Charles F. Wilkinson Jan 1984

Narf North: Alaska Office Opens, Charles F. Wilkinson

Publications

No abstract provided.


Criminal Jurisdiction: Jurisdiction To Sentence And Convict For Lesser Included Offenses Under The Major Crimes Act: A Critical Assessment Of The Keeble Legacy, Susan M. Mcgoldrick Jan 1984

Criminal Jurisdiction: Jurisdiction To Sentence And Convict For Lesser Included Offenses Under The Major Crimes Act: A Critical Assessment Of The Keeble Legacy, Susan M. Mcgoldrick

American Indian Law Review

No abstract provided.


Federal Recent Developments Jan 1984

Federal Recent Developments

American Indian Law Review

No abstract provided.