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Articles 1 - 18 of 18

Full-Text Articles in Law

Water Forum 2006, Susan Kelly Oct 2006

Water Forum 2006, Susan Kelly

Publications

No abstract provided.


Active Water Resource Management: Tools For Better Water Management, John D'Antonio May 2006

Active Water Resource Management: Tools For Better Water Management, John D'Antonio

Publications

No abstract provided.


Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary May 2006

Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary

Publications

No abstract provided.


Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack May 2006

Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack

Publications

No abstract provided.


The Virtues And Vices Of Sovereignty, Sarah Krakoff Jan 2006

The Virtues And Vices Of Sovereignty, Sarah Krakoff

Publications

American Indian tribal sovereignty is viewed very differently in the United States Supreme Court than it is in American Indian tribal nations. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court is therefore veering away from any strong notion of retained inherent tribal sovereignty. American Indian tribes, the sources and perpetuators of de facto tribal sovereignty, are more committed than ever to enacting their sovereignty on the ground, as well as promoting and protecting its legal status in the courts and in Congress. There is an …


The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson Jan 2006

The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson

Publications

No abstract provided.


Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter Jan 2006

Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter

Publications

The federal public lands contain places with both religious and secular value for American people. American Indians, in particular, hold certain natural features to be sacred, and visit them for ceremonies and worship. Simultaneously, non-Indians use the same places for economic, recreation, and many other purposes - and conflicts arise between these groups. In the past twenty years, a body of constitutional jurisprudence has developed to address questions of religious freedoms and public access rights on these lands that are owned and managed by the federal government. This article outlines the relevant First Amendment framework as well as recent statutes …


The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson Jan 2006

The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson

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No abstract provided.


The Current State Of International Law, S. James Anaya Jan 2006

The Current State Of International Law, S. James Anaya

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No abstract provided.


The Interests Of "Peoples" In The Cooperative Management Of Sacred Sites, Kristen A. Carpenter Jan 2006

The Interests Of "Peoples" In The Cooperative Management Of Sacred Sites, Kristen A. Carpenter

Publications

This essay contends that there is a structural element of federal law and policy that sets up legal battles over American Indian sacred sites. The Supreme Court has held that whatever rights groups may have at sacred sites, the federal government's rights as owner and sovereign of the public lands ultimately prevails. Federal agencies can, if they choose, accommodate various interests on the public lands, but such decisions are left to fluctuating executive policy and the discretion of land managers. This approach reflects well-established doctrine in public lands law, but leaves various citizens and groups clamoring for the federal government …


The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff Jan 2006

The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff

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No abstract provided.


A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins Jan 2006

A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins

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No abstract provided.


Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson Jan 2006

Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson

Publications

No abstract provided.


An Environmental Pool For The Rio Grande, Kara Gillon Jan 2006

An Environmental Pool For The Rio Grande, Kara Gillon

Publications

The Bureau of Reclamation and Corps of Engineers operate a series of dams, reservoirs, and levees along the Middle Rio Grande of New Mexico. The plight of the Rio Grande silvery minnow, an endangered species, and of the river itself demonstrates the need for a change from the emphasis on water development to sustainable river management. Conservation groups invoked the protections of the Endangered Species Act to catalyze this change. Recognizing that flexibility is necessary to meeting competing water needs, the groups also promoted the need for and several approaches to a sustainable and long-term approach to river management and …


Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya Jan 2006

Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya

Publications

No abstract provided.


Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter Jan 2006

Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter

Publications

In this article, the Author undertakes a law and literature approach to a major Indian law problem: understanding the losses of allotment. Allotment was a mid 19th - early 20th century federal legislative program to take large tracts of land owned by Indian tribes, allocate smaller parcels to individual Indians, and sell off the rest to non-Indians. The idea was that Indians would abandon traditional patterns of subsistence to become American-style farmers, and great tracts of land would be freed up for the advance of white settlement. A key component of the federal government's larger project of assimilating Indians into …


"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson Jan 2006

"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson

Publications

No abstract provided.


Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya Jan 2006

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Publications

No abstract provided.