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Indigenous, Indian, and Aboriginal Law

1989

Washington Law Review

Articles 1 - 3 of 3

Full-Text Articles in Law

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 …


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 …