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Indigenous, Indian, and Aboriginal Law

1995

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Full-Text Articles in Law

Energy And Water Development Appropriations Act Of 1996, Title V, General Provisions, Sec 507, United States 104th Congress Nov 1995

Energy And Water Development Appropriations Act Of 1996, Title V, General Provisions, Sec 507, United States 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Energy and Water Development Appropriations Act of 1996, General Provisions (Nov. 13, 1995) (PL 104-46, Title V, § 507, 109 Stat. 402, 419 )The DOI Secretary is to proceed with construction of facilities in conformance with the Oct. 25, 1991 final Biological Opinion for the Animas-La Plata Project, Colorado and New Mexico. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-104publ46/pdf/PLAW-104publ46.pdf]


Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center Nov 1995

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …


Appellants' Reply Brief Oct 1995

Appellants' Reply Brief

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.


Brief Of Appellee-Plantiff Tribes Oct 1995

Brief Of Appellee-Plantiff Tribes

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.


Female Genital Excision And The Implications Of Federal Prohibition, Blake M. Guy Oct 1995

Female Genital Excision And The Implications Of Federal Prohibition, Blake M. Guy

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Resource Law Notes Newsletter, No. 35, Fall Issue, Sept. 1995, University Of Colorado Boulder. Natural Resources Law Center Oct 1995

Resource Law Notes Newsletter, No. 35, Fall Issue, Sept. 1995, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson Oct 1995

Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson

Dalhousie Law Journal

The Supreme Court of Canada has characterized aboriginal title to land as a sui generis legal interest. This essay describes the sui generis interest of Mikmaw tenure in Atlantic Canada from a Mikmaq linguistic perspective. The author argues the prerogative treaties and legislation of the eighteenth century suggest it is a reserved and protected tenure, which in Eurocentric law might be reconceptualized as allodial tenure.


Relations Of Force And Relations Of Justice: The Emergence Of Normative Community Between Colonists And Aboriginal Peoples, Jeremy Webber Oct 1995

Relations Of Force And Relations Of Justice: The Emergence Of Normative Community Between Colonists And Aboriginal Peoples, Jeremy Webber

Osgoode Hall Law Journal

This paper argues that Aboriginal rights are best understood as the product of cross-cultural interaction-not, as is usually supposed, the result of some antecedent body of law (English, international, or Aboriginal). Aboriginal rights are therefore intercommunal in origin. The paper does describe the process by which this body of law emerged, but its primary vocation is theoretical, concerned with the following questions: How can a normative community emerge in the presence of profound cultural divisions? How can relations of justice emerge in a context dominated by power and coercion? How does moral reasoning draw upon the factual relations of the …


Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters Oct 1995

Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters

Osgoode Hall Law Journal

This article examines the eighteenth century case of Mohegan Indians v. Connecticut in order to determine its significance for arguments about the legal status of Aboriginal customary law and government in British North America. The article concludes that the Mohegan case confirms that in certain circumstances native nations on reserved lands in British colonies were subject, not to colonial jurisdictions established for settlers, but to their own traditional customs and institutions. It also concludes that the case is less clear than some recent commentators have suggested about whether British law recognized such nations as having rights of sovereignty.


The Indian Child Welfare Act: Guiding The Determination Of Good Cause To Depart From The Statutory Placement Preferences, Denise L. Stiffarm Oct 1995

The Indian Child Welfare Act: Guiding The Determination Of Good Cause To Depart From The Statutory Placement Preferences, Denise L. Stiffarm

Washington Law Review

Since 1978, custody proceedings involving Indian children have been subject to the provisions of the Indian Child Welfare Act. The substantive provisions of the Act set forth placement preferences for state courts to follow when determining adoptive, preadoptive, and foster care placement of Indian children. While the Act directs that the preferences are to be followed in the absence of good cause to the contrary, it does not include a corresponding definition of what constitutes good cause. The result under this vague standard has been a lack of uniformity in state court treatment of the "good cause" determination. This Comment …


Reply Brief Of Appellants Washington Harvest Divers Association Sep 1995

Reply Brief Of Appellants Washington Harvest Divers Association

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.


State's Response Brief Sep 1995

State's Response Brief

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.


Brief Of Plaintiff/Appellee Tribes Sep 1995

Brief Of Plaintiff/Appellee Tribes

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.


Appellant's Brief Aug 1995

Appellant's Brief

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.


Opening Brief Of Appellants Aug 1995

Opening Brief Of Appellants

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.


Reply Brief For Appellants Aug 1995

Reply Brief For Appellants

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.


Brief Of The Appellee Lummi Indian Nation Jul 1995

Brief Of The Appellee Lummi Indian Nation

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.


Brief For Appellee United States Of America Jul 1995

Brief For Appellee United States Of America

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.


Brief For Appellee Indian Tribes Jul 1995

Brief For Appellee Indian Tribes

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.


Appellee Lummi Indian Nation Brief Jul 1995

Appellee Lummi Indian Nation Brief

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.


Brief For Appellee State Of Washington Jul 1995

Brief For Appellee State Of Washington

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.


Yavapai-Prescott Indian Tribe Water Rights Settlement Of June 29, 1995, Yavapai-Prescott Indian Tribe Et Al Jun 1995

Yavapai-Prescott Indian Tribe Water Rights Settlement Of June 29, 1995, Yavapai-Prescott Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Yavapai-Prescott Indian Tribe Water Rights Settlement of June 29, 1995. Parties: Yavapai-Prescott Indian Tribe, AZ, US, City of Prescott & Chino Valley Irrigation District (CVID). The Tribe Prescott under a Water Services Agreement. The Tribe has the right to develop groundwater resources in accordance with a groundwater management plan developed by the Tribe for on-Reservation use. Reservation effluent may be used on Reservation or sold to off-reservation users. The Tribe’s use of settlement water on-reservation is unrestricted. Shortage management is addressed. The Tribe may develop a tribal water code. The Tribe may sell its CAP contract entitlement which …


Washington State Initiatives For Sustainable Water Use, Kenneth O. Slattery Jun 1995

Washington State Initiatives For Sustainable Water Use, Kenneth O. Slattery

Sustainable Use of the West's Water (Summer Conference, June 12-14)

8 pages.


Conservation At The Zuni Pueblo: Lessons In Sustainability, James E. Enote Jun 1995

Conservation At The Zuni Pueblo: Lessons In Sustainability, James E. Enote

Sustainable Use of the West's Water (Summer Conference, June 12-14)

7 pages.

Contains references.


Managing Reclamation Facilities For Ecosystem Benefits, Lawrence J. Macdonnell Jun 1995

Managing Reclamation Facilities For Ecosystem Benefits, Lawrence J. Macdonnell

Sustainable Use of the West's Water (Summer Conference, June 12-14)

26 pages.

Contains references.


The Henry’S Fork: Finding Mutual Interest In The Watershed, Janice M. Brown, Dale L. Swensen Jun 1995

The Henry’S Fork: Finding Mutual Interest In The Watershed, Janice M. Brown, Dale L. Swensen

Sustainable Use of the West's Water (Summer Conference, June 12-14)

9 pages.

Contains references.


A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman Jun 1995

A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman

Sustainable Use of the West's Water (Summer Conference, June 12-14)

47 pages.

Contains footnotes.


Restoring The Rio Grande—What Will It Take?, Denise Fort Jun 1995

Restoring The Rio Grande—What Will It Take?, Denise Fort

Sustainable Use of the West's Water (Summer Conference, June 12-14)

18 pages.

Contains 1 page of references.


Decisionmaking And The Eis On Operations Of Glen Canyon Dam, Rick L. Gold Jun 1995

Decisionmaking And The Eis On Operations Of Glen Canyon Dam, Rick L. Gold

Sustainable Use of the West's Water (Summer Conference, June 12-14)

16 pages.


Arizona Water Management: New Problems And New Solutions, Herb Dishlip Jun 1995

Arizona Water Management: New Problems And New Solutions, Herb Dishlip

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.