Law Commons^™

Who Can Defend A Federal Regulation? The Ninth Circuit Misapplied Rule 24 By Denying Intervention Of Right In Kootenai Tribe Of Idaho V. Veneman, Stephanie D. Matheny

Washington Law Review

In Kootenai Tribe of Idaho v. Veneman, the United States Court of Appeals for the Ninth Circuit misapplied Rule 24 of the Federal Rules of Civil Procedure by denying intervention of right to organizations that had protectable interests in the adoption and implementation of the Roadless Rule. The court based its decision to deny intervention of right on its federal defendant rule, which bars intervention of right by parties other than the federal government to defend a challenge brought under the National Environmental Policy Act (NEPA). The Kootenai decision extended the reach of the federal defendant rule to include …

Abrogation Or Regulation? How Anderson V. Evans Discards The Makah's Treaty Whaling Right In The Name Of Conservation Necessity, Zachary Tomlinson

Washington Law Review

From 1787 to 1871, the federal government and various Indian tribes entered into hundreds of treaties. Under well-established U.S. Supreme Court precedent, the U.S. Congress has plenary authority to abrogate or modify any of these treaties. The U.S. Supreme Court is reluctant to find congressional intent to do so, however, and requires that this intent be clear and plain. States have no such power to qualify treaties, but the Court has allowed states to regulate treaty rights when doing so is necessary for species conservation. While the U.S. Supreme Court has kept these two lines of cases distinct, the U.S. …

Ecological Effects Know No Boundaries: Little Remedy For Native American Tribes Pursuing Transboundary Pollution Under International Law, Peter D. Lepsch

Buffalo Environmental Law Journal

No abstract provided.

Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens

Articles

No abstract provided.

Applicant In Intervention - Appellant Samish Indian Tribe's Reply Brief

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Answering Brief For The United States

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Tribal Appellees' Brief

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

11 pages (includes some color illustrations and maps).

Contains references.

Day 3. Wednesday, August 13, 2003: Coalbed Methane Development, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

10 pages (includes color illustrations and maps).

Day 3. Wednesday, August 13, 2003: Clifford Duncan, Ute Tribe, Clifford Duncan

Energy Field Tour 2003 (August 11-16)

4 pages.

Contains references.

Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

Congressional staff tour held August 11-16, 2003

Summary: Binder of assorted articles, maps, brochures and other materials prepared for participants of the tour

Contents:

MONDAY, AUGUST 11, 2003: BLUE SPRUCE PEAKER PLANT: University of Colorado Natural Resources Law Center : congressional staff tour of Blue Spruce Energy Center / Peggy Duxbury -- 'Power Struggle', National Journal, June 27, 2003 / Margaret Kritz -- 'Calpine's Blue Spruce Energy Center begins commercial operation', Calpine press release, April 17, 2003 -- NATIONAL RENEWABLE ENERGY LAB: NREL at a glance -- NREL technologies -- SHOSHONE HYDROELECTRIC PLANT: 'River District Board supports spring Shoshone call …

Aboriginal Title Or The Paramountcy Doctrine? Johnson V. Mcintosh Flounders In Federal Waters Off Alsaka In Native Village Of Eyak V. Trawler Diane Marie, Inc., Andrew P. Richards

Washington Law Review

In Johnson v. McIntosh and its progeny, the United States Supreme Court established the principle that aboriginal title allows Indian tribes to exclusively use and occupy their territories after they come under United States sovereignty. In Native Village of Eyak v. Trawler Diane Marie, Inc., five Alaska Native villages asserted aboriginal title to areas of the seabed and ocean off Alaska. The villages argued that federal fisheries regulations violate their aboriginal title by allowing non-Natives to fish within those areas, while excluding most of the villagers. The United States Court of Appeals for the Ninth Circuit rejected the villages' …

Zuni Indian Tribe Water Rights Settlement Act Of 2003, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Zuni Indian Tribe Water Rights Settlement Act of 2003, PL 108-34, 117 Stat. 782 (June 23, 2003). Parties: Zuni Tribe, US, AZ. The Act ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights in the Little CO River basin, AZ. It authorizes appropriations for acquisition of water rights and associated lands and, for fiscal years 2004 through 2006; and for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas. The US shall take legal title of specified lands in the Gila and Salt River Base and Meridian …

Applicant In Intervention - Appellant Samish Indian Tribe's Opening Brief

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.

Indigenous Pueblo Culture And Tradition In The Justice System: Maintaining Indigenous Language, Thought And Law In Judicial Review, Christine Zuni Cruz

Faculty Scholarship

In this paper Christine Zuni Cruz considers several issues that have emerged from her personal experience working as an Associate Justice on the Pueblo Appellate Court in the United States. These concerns relate to maintaining the culture of the Pueblo within an acknowledged western, and specifically Anglo-American, framework of justice. The key elements discussed include language, process and knowledge. This paper provides a North American perspective on the interface between Indigenous law and western legal frameworks. It therefore has resonance in the contemporary Australian landscape, where efforts to secure Indigenous rights and interests in land encounter difficulties both in regards …

The Impossibility Of Citizenship, Peter J. Spiro

Michigan Law Review

These are interesting times at the constitutional margins. Questions about where the Constitution takes up and leaves off are more frequently in play; one can no longer so readily assume the Constitution to supply an authoritative metric as we confront prominent cases of nonapplication. At the same time, the increasing robustness of international norms has prompted a vigorous reconsideration of their relationship to domestic ones. Where the twentieth century was marked by deep segmentation among national legal regimes, with minimal transboundary interpenetration, recent years have seen the advent of complex, overlapping regimes: subnational, national, regional, and global, public, and private. …

Tohono O'Odham Settlement, Tonhono O'Odham Nation Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Tohono O'odham Settlement (Apr. 30, 2003). Parties: Tohono O'odham Nation, AZ, US, Tucson, Asarco Inc., Farmers Investment Co., two allottee classes. The Settlement Agreement has been revised to eliminate any conflicts with PL 108-451. The parties are a part of the Gila River adjudication. The Nation has a water right of 79,200 acre-feet per year, sourced in ground and surface water. This water may be put to any use. The Nation may use the water off-reservation according to the attached contracts or pursuant to state law, but the uses must remain within the state. Provisions are made for …

A First Argument In The Tradition Of Many, Beth S. Brinkmann

The Journal of Appellate Practice and Process

No abstract provided.

When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin

Osgoode Hall Law Journal

Comments on Aboriginal peoples, governmental defiance, and the breakdown of law and the balance between law's roles and limits.

Are County Officials Liable For Forcibly Executing A Search Warrant Against A Sovereign Indian Tribe, John P. Lavelle

Faculty Scholarship

No abstract provided.

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Report Of The Proceedings Of The Judicial Conference Of The United States Court Of Appeals For The Tenth Circuit: Current Issues In Native American Law, Taiawagi Helton, Paul Frye, Gloria Valencia-Weber, Samuel Winder, John Echohawk

Taiawagi Helton

No abstract provided.

Current Issues In Native American Law, Gloria Valencia-Weber, Taiawagi Helton, Paul Frye, Samuel Winder, John Echohawk

Faculty Scholarship

Report of the Proceedings of the Judicial Conference of the United States Court of Appeals for the Tenth Circuit.

Transcribed conference panel session: Gloria Valencia-Weber focuses her segment on important language on Indian sovereignty in the Nevada v. Hicks case.

Indigenous Nations As Reserved Sovereigns, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Some adhere to the idea that the federal government, as a democratic state founded on the rule of law, contains within its legal and political institutions and ideologies a framework that provides the necessary vaccines that will eventually cure the various and sundry indigenous ailments generated throughout American society by its social, economic, political and legal institutions.

By contrast, there are others who vigorously argue that the prevailing institutions of governance and law of the United States are incapable of providing justice to First Nations because they entail systems, ideologies, and values that represent non-Indians and thus they cannot possibly …

First Nations And States: Contesting Polities, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The U.S. Supreme Court in an historic case in 1886, U.S. v. Kagama, which devastated tribal sovereignty by affirming the legality of the 1885 Major Crimes Act that problematically extended federal criminal jurisdiction over "all" Indians for seven major crimes—murder, manslaughter, rape, etc., (today that number has increased to 14 crimes)—more accurately declared in that same case that state governments could be characterized as the "deadliest enemies" of indigenous nations.

Native State Lawmakers: Minimizing The Tribal Disadvantage, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Not surprisingly, most of these lawmakers are serving in western states where more than 80 percent of indigenous peoples live—Alaska is home to 11 Native lawmakers; Montana has elected seven; New Mexico's legislature now has five Indian legislators; Oklahoma, Arizona, and South Dakota each have three Indian representatives; Washington has two; and Colorado and North Dakota have one each. Eastern states also have indigenous representation: Maine has two representatives—a Penobscot and a Passamaquoddy; North Carolina's Lumbee tribe has a member in the state legislature; and Vermont has a lone Native member.

Our preliminary results give us reason to be moderately …

Law Enforcement Authority In Indian Country, Melissa L. Tatum

Tribal Law Journal

The protection order has proven to be an effective tool in the war against domestic violence. A protection order, however, is good only so long as it can be enforced, and enforcement has proven to be a problem when a person travels with a protection order to a different jurisdiction.

What Indian Tribes Can Do To Combat Child Sexual Abuse (Issue Paper), Larry Echohawk, Pawnee Indian Tribe, Tessa Meyer Santiago

Tribal Law Journal

One of the most destructive problems affecting children in "Indian country" today is sexual abuse. Increasing reports of child sexual abuse and the severe impact this type of crime has on Indian youth and their families have prompted tribal leaders to voice great concern about the impact of this crime on Indian communities.