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Indigenous, Indian, and Aboriginal Law

1989

Articles 1 - 30 of 45

Full-Text Articles in Law

Resource Law Notes Newsletter, No. 18, Sept. 1989, University Of Colorado Boulder. Natural Resources Law Center Sep 1989

Resource Law Notes Newsletter, No. 18, Sept. 1989, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


Indian Treaties And Their Abrogation By Statutes Of General Applicability: A Not-Entirely Nonpartisan Essay On "Quiet" Abrogations, "Actual" Consideration, And The Unhappy Reception Given United States V. Dion, Robert Laurence Sep 1989

Indian Treaties And Their Abrogation By Statutes Of General Applicability: A Not-Entirely Nonpartisan Essay On "Quiet" Abrogations, "Actual" Consideration, And The Unhappy Reception Given United States V. Dion, Robert Laurence

BYU Law Review

No abstract provided.


Control Of The Reservation Environment: Tribal Primacy, Federal Delegation, And The Limits Of State Intrusion, Judith V. Royster, Rory Snowarrow Fausett Jul 1989

Control Of The Reservation Environment: Tribal Primacy, Federal Delegation, And The Limits Of State Intrusion, Judith V. Royster, Rory Snowarrow Fausett

Washington Law Review

Inter-sovereign disputes over environmental regulation in Indian country are increasingly common. The federal government, individual states, and native nations all assert interests in controlling pollution on Indian reservations; the question of which sovereign should regulate in this area presents complex issues of federal law, native self-determination, and state autonomy. In this Article, the authors trace the roots of federal, state, and tribal authority to control events within reservation boundaries. Applying a three-tiered analysis to the problem, the authors examine: express federal preemption of state pollution control laws; federal program delegation to native governments as a bar to state regulation; and …


The Northwest Power Planning Council: A Model For Cooperative Planning In The Missouri Basin?, Gerald Mueller Jun 1989

The Northwest Power Planning Council: A Model For Cooperative Planning In The Missouri Basin?, Gerald Mueller

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

16 pages.

Contains references.


A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches Jun 1989

A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

32 pages.

Contains references.


Within The Hundredth Meridian: Western States And Their River Basins In A Time Of Transition, John M. Volkman, Kai N. Lee Jun 1989

Within The Hundredth Meridian: Western States And Their River Basins In A Time Of Transition, John M. Volkman, Kai N. Lee

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

29 pages.

Contains footnotes.


The Missouri: River Of Promise Or River Of Peril?, John E. Thorson Jun 1989

The Missouri: River Of Promise Or River Of Peril?, John E. Thorson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages (includes 1 map).

Contains references.


Montana’S Response To Interjurisdictional Marketing Challenges, Deborah Beaumont Schmidt Jun 1989

Montana’S Response To Interjurisdictional Marketing Challenges, Deborah Beaumont Schmidt

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

20 pages.

Contains references.


Marketing Of Indian Reserved Water Rights, Jeanne S. Whiteing Jun 1989

Marketing Of Indian Reserved Water Rights, Jeanne S. Whiteing

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

10 pages.


Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson Jun 1989

Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.


Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe Jun 1989

Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.


Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf Jun 1989

Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

53 pages.

Contains references.


Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita Jun 1989

Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

70 pages.


Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center Jun 1989

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …


Scholarship, Pedagogy, And Federal Indian Law, Philip P. Frickey May 1989

Scholarship, Pedagogy, And Federal Indian Law, Philip P. Frickey

Michigan Law Review

A Review of American Indian Law in a Nutshell Second Edition by William C. Canby, Jr.


Resource Law Notes Newsletter, No. 17, Apr. 1989, University Of Colorado Boulder. Natural Resources Law Center Apr 1989

Resource Law Notes Newsletter, No. 17, Apr. 1989, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights., Charles F. Wilkinson Apr 1989

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights., Charles F. Wilkinson

Washington Law Review

I met Maivân Clech Lâm at a conference on Hawaiian Native Sovereignty in May 1987. At that time we discussed her research on Native Hawaiian land rights and discovered many parallels to the land rights of Native Americans. At the request of the editors of the Washington Law Review, I am very pleased to write this introduction to Ms. Lâm's important work, which deals at once with the unique situation in Hawai'i and with the overriding issues relating to aboriginal peoples the world over.


The Kuleana Act Revisited: The Survival Of Traditional Hawaiian Commoner Rights In Land, Maivân Clech Lâm Apr 1989

The Kuleana Act Revisited: The Survival Of Traditional Hawaiian Commoner Rights In Land, Maivân Clech Lâm

Washington Law Review

The issue of aboriginal land rights raises significant legal and moral questions. The starting point for discussion of Native Hawaiian land rights is the Kuleana Act of 1850. This Act enabled Hawaiian commoners, for the first time in Hawaiian history, to acquire fee simple title to land. The Act did not, however, contain provisions simultaneously terminating their traditional rights in land. What these traditional rights consist of, and to whom they apply, remain relevant issues. The author examines the Act in the context of its surrounding history, laws, and judicial interpretations, and concludes that the Kuleana Act introduced a system …


The Crown’S Title To Lands In England, Kent Mcneil Jan 1989

The Crown’S Title To Lands In England, Kent Mcneil

Articles & Book Chapters

A fundamental principle of the common law, stemming from the doctrine of tenures, provides that the Crown has the underlying or radical title to all land within its common law dominions. Private persons and corporations do not “own” land; instead, they hold estates in land that are presumed to be derived from Crown grants. This common law edifice is built on the legal fiction that the Crown once possessed and therefore owned all the lands in England. As this is known to be a fiction, all it does is give the Crown its underlying title and thus a right to …


Reprint: Testimony Of Edward Halealoha Ayau Before The Senate Select Committee On Indian Affairs: Subject: The Restoration Of Hawaiian Sovereignty And Land, Edward Halealoha Ayau Jan 1989

Reprint: Testimony Of Edward Halealoha Ayau Before The Senate Select Committee On Indian Affairs: Subject: The Restoration Of Hawaiian Sovereignty And Land, Edward Halealoha Ayau

American Indian Law Review

No abstract provided.


Cry, Sacred Ground: Big Mountain, U.S.A., Anita Parlow Jan 1989

Cry, Sacred Ground: Big Mountain, U.S.A., Anita Parlow

American Indian Law Review

No abstract provided.


From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf Jan 1989

From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf

American Indian Law Review

No abstract provided.


Address Of Deputy General Counsel Brian D. Miller, U.S. Commission On Civil Rights, Before The Federal Bar Association's 13th Annual Indian Law Conference, Brian D. Miller Jan 1989

Address Of Deputy General Counsel Brian D. Miller, U.S. Commission On Civil Rights, Before The Federal Bar Association's 13th Annual Indian Law Conference, Brian D. Miller

American Indian Law Review

No abstract provided.


The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson Jan 1989

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

No abstract provided.


The Process Of Decision-Making In Tribal Courts, Tom Tso, University Of Colorado Boulder. Natural Resources Law Center Jan 1989

The Process Of Decision-Making In Tribal Courts, Tom Tso, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

17 p. ; 28 cm


A Critical Look At Wyoming Water Law, Mark Squillace Jan 1989

A Critical Look At Wyoming Water Law, Mark Squillace

Publications

No abstract provided.


Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson Jan 1989

Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson

Publications

No abstract provided.


Resource Law Notes Newsletter, No. 16, Jan. 1989, University Of Colorado Boulder. Natural Resources Law Center Jan 1989

Resource Law Notes Newsletter, No. 16, Jan. 1989, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


The Crucible Of Sovereignty: Analyzing Issues Of Tribal Jurisdiction, Frank Pommersheim Jan 1989

The Crucible Of Sovereignty: Analyzing Issues Of Tribal Jurisdiction, Frank Pommersheim

Frank Pommersheim

No abstract provided.


Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim Jan 1989

Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim

Frank Pommersheim

No abstract provided.