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Indigenous, Indian, and Aboriginal Law

2014

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Full-Text Articles in Law

White Mountain Apache Water Rights Quantification Settlement Judgment And Decree, Superior Court Of Apache County, Az. Dec 2014

White Mountain Apache Water Rights Quantification Settlement Judgment And Decree, Superior Court Of Apache County, Az.

Native American Water Rights Settlement Project

Post- Settlement Court Decree, White Mountain Apache Water Rights Quantification Settlement Judgment and Decree, Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States of America,, Arizona Water Company, Buckeye Irrigation Company, Buckeye Water Conservation and Drainage District, CAWDC, Central Arizona Water Conservation District, City of Avalon, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, RWCD, Roosevelt Water Conservation District, SRP, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association,

Quantification of WMAT rights …


Bill Williams River Water Rights Settlement Act Of 2014, United States 113th Congress Dec 2014

Bill Williams River Water Rights Settlement Act Of 2014, United States 113th Congress

Native American Water Rights Settlement Project

To direct the Secretary of the Interior to enter into the Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, to provide for the lease of certain land located within Planet Ranch on the Bill Williams River in the State of Arizona to benefit the Lower Colorado River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed in the State of Arizona.


Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2014

Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely Oct 2014

Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely Oct 2014

Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act, United States 113th Congress Sep 2014

Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act, United States 113th Congress

Native American Water Rights Settlement Project

The overall purpose of this Act is to ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.


Great Nations Can Work On Mistakes, Kevin Washburn Sep 2014

Great Nations Can Work On Mistakes, Kevin Washburn

Faculty Scholarship

No abstract provided.


Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society Sep 2014

Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society

Celebrating the Great Law: The Wilderness Act at 50 (September 4-5)

"A conference sponsored by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Wilderness Society."

On September 3, 2014, the National Wilderness Preservation System—established and protected by the Wilderness Act of 1964—celebrates its 50th anniversary. We are gathering on September 4th and 5th to celebrate Wilderness—“ornery old wilderness, scratchy, sweaty, and distant, but sacred every step of the way”—and to commemorate the great law so central to its protection.

This is not an ordinary conference, full of dry presentations or heated policy debates. Instead, this will be a full-throated love song to wild country. We have brought …


Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho Aug 2014

Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …


Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho Aug 2014

Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …


Final Unified Decree For The Snake River Basin Adjudication, District Court Of The Fifth Judicial District Of The State Of Idaho, In And For The County Of Twin Falls Aug 2014

Final Unified Decree For The Snake River Basin Adjudication, District Court Of The Fifth Judicial District Of The State Of Idaho, In And For The County Of Twin Falls

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …


Review: 'Oklahoma’S Indian New Deal', Blake Watson Aug 2014

Review: 'Oklahoma’S Indian New Deal', Blake Watson

School of Law Faculty Publications

Citation information for the book reviewed:

Blackman, Jon S. 2013. Oklahoma's Indian New Deal. Norman, OK: University of Oklahoma Press, 2013.


Indian Gaming – The Next 25 Years, Kevin Washburn Jul 2014

Indian Gaming – The Next 25 Years, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary for Indian Affairs United States Department of the Interior Before the Senate Committee on Indian Affairs Oversight Hearing


American Blood: Who Is Counting And For What?, Gerald Torres Jul 2014

American Blood: Who Is Counting And For What?, Gerald Torres

Cornell Law Faculty Publications

When thinking about "who counts," I initially titled this Essay: "Who is Counting and for What?" I wanted to highlight the role that power necessarily plays in the very asking of the question. It presumes a perspective, and interrogating that perspective can only occur if the second part of the question is answered. Because race has always played a critical role in our culture from the very beginning, I wanted to explore one of the many ways it has been deployed to justify a particular expression of power. The story virtually every American learns is the story of the inevitable …


The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig May 2014

The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig

Publications

No abstract provided.


The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig May 2014

The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig

Publications

It is time to move past the concept of sustainability. The realities of the Anthropocene warrant this conclusion. They include unprecedented and irreversible rates of human-induced biodiversity loss, exponential increases in per-capita resource consumption, and global climate change. These factors combine to create an increasing likelihood of rapid, nonlinear, social and ecological regime changes. The recent failure of the Rio +20 provides an opportunity to collectively reexamine--and ultimately move past--the concept of sustainability as an environmental goal. We must face the impossibility of defining--let alone pursuing--a goal of "sustainability" in a world characterized by such extreme complexity, radical uncertainty and …


Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison May 2014

Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison

Publications

Water resource systems often contain numerous components that are intertwined or even contradictory, such as power production, water delivery, recreation, and environmental needs. This complexity makes it difficult to holistically assess management alternatives. In addition, hydro climatic and ecological uncertainties complicate efforts to evaluate the impacts of management scenarios. We need new tools that are able to inform managers and researchers of the tradeoffs or consequences associated with flow alternatives, while also explicitly incorporating sources of uncertainty. My research addresses this limitation using two modeling approaches: stochastic system dynamics modeling and Bayesian network modeling. I developed a stochastic system dynamics …


Spring 2014 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law Apr 2014

Spring 2014 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Law And Governance Of The Great Lakes, Noah D. Hall, Benjamin C. Houston Apr 2014

Law And Governance Of The Great Lakes, Noah D. Hall, Benjamin C. Houston

Law Faculty Research Publications

No abstract provided.


Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake Watson Apr 2014

Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake Watson

School of Law Faculty Publications

This article takes an in-depth look at Mitchel v. United States. In order to place the Forbes Purchase in historical context, Part I provides an overview of European and American control of Florida. Part II details the events that led to the sale by the Creek and Seminole Indians of nearly a million and a half acres in 1804-1806 and 1810-1811. Part III describes the efforts of the purchasers and subsequent grantees to obtain confirmation of the Forbes Purchase. Part IV details the decisions in the Mitchel litigation. The purchase is compared in Part V to other transfers of Indian …


The Real Impact Of Adoptive Couple V. Baby Girl: The Existing Indian Family Doctrine Is Not Affirmed But The Future Of Icwa's Placement Preferences Is Jeopardized, Marcia A. Yablon-Zug Apr 2014

The Real Impact Of Adoptive Couple V. Baby Girl: The Existing Indian Family Doctrine Is Not Affirmed But The Future Of Icwa's Placement Preferences Is Jeopardized, Marcia A. Yablon-Zug

Faculty Publications

On July 3, 2013, Dusten Brown and his wife Robin, and Brown’s parents, Tommy and Alice Brown, both filed actions to adopt "Baby Veronica", the four-year-old girl at the heart of the U.S. Supreme Court’s recent decision in Adoptive Couple v. Baby Girl. The Browns’ adoption petitions were based on the assumption that the Baby Girl Court did not affirm "The Existing Indian Family Doctrine," a doctrine which limits application of The Indian Child Welfare Act (ICWA) solely to children previously in the care or custody of an Indian relative. The Browns believed ICWA’s placement preferences, which give preference to …


Slides: Thoughts On Regulatory Mechanisms For Natural Resource Development: Alternatives To Command And Control, Including A Look At Open Source Approaches, Stanley Dempsey Feb 2014

Slides: Thoughts On Regulatory Mechanisms For Natural Resource Development: Alternatives To Command And Control, Including A Look At Open Source Approaches, Stanley Dempsey

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Stanley Dempsey, Chairman, Royal Gold

17 slides


Agenda: Natural Resource Industries And The Sustainability Challenge, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. The Colorado Law Energy Innovation Initiative Feb 2014

Agenda: Natural Resource Industries And The Sustainability Challenge, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. The Colorado Law Energy Innovation Initiative

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

"An International Conference hosted by The Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Colorado Law Energy Innovation Initiative."

For more than two decades, sustainability has gained currency as a broad organizing principle for efforts to develop and use energy, natural resources, and the environment in ways that allow society to meet its needs without compromising the ability of future generations to meet their needs. More recently, sustainability has been embraced by businesses across multiple sectors as part of a broader movement of corporate social responsibility. Hardly a day goes by without news of another corporate initiative …


Law And Order Commission Report: “A Roadmap For Making Native America Safer.”, Kevin Washburn Feb 2014

Law And Order Commission Report: “A Roadmap For Making Native America Safer.”, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary Indian Affairs United States Department of the Interior Before The Senate Committee on Indian Affairs On The Law and Order Commission Report: “A Roadmap for Making Native America Safer.”


Forrest Gerard’S Legacy Is Self-Determination For Tribes, Kevin Washburn Jan 2014

Forrest Gerard’S Legacy Is Self-Determination For Tribes, Kevin Washburn

Faculty Scholarship

The passing of Albuquerque resident and former Assistant Secretary of Indian Affairs, Forrest J. Gerard, on Dec. 28 provides an opportunity to take stock of the important federal Indian policies he championed and his contributions to Native Americans across the country deserve to be celebrated.


Report Of The Nova Scotia Independent Panel On Hydraulic Fracturing, Frank Atherton, Michael Bradfield, Kevin Christmas, Shawn Dalton, Maurice Dusseault, Graham Gagnon, Brad Hayes, Constance Macintosh, Ian Mauro, Ray Ritcey Jan 2014

Report Of The Nova Scotia Independent Panel On Hydraulic Fracturing, Frank Atherton, Michael Bradfield, Kevin Christmas, Shawn Dalton, Maurice Dusseault, Graham Gagnon, Brad Hayes, Constance Macintosh, Ian Mauro, Ray Ritcey

Reports & Public Policy Documents

On August 28, 2013, the Province of Nova Scotia and the Nova Scotia Department of Energy signed an agreement with the Verschuren Centre for Sustainability in Energy and the Environment at Cape Breton University to conduct an external review on the environmental, socio-economic, and health impacts of hydraulic fracturing. Simultaneously, Dr. David Wheeler, President and Vice Chancellor of Cape Breton University, was asked to convene and Chair the review and expert panel on a voluntary and unpaid basis.1 The mandate for the review was to: create a panel of technical experts based on input from the public and hire technical …


Aboriginal Food Security In Northern Canada: An Assessment Of The State Of Knowledge, Harriet Kuhnlein, Fikret Berkes, Laurie Hing Man Chan, Treena Wasonti:Io Delormier, Asbjørn Eide, Chris Furgal, Murray Humphries, Henry Huntington, Constance Macintosh, Ian Mauro, David Natcher, Barry Prentice, Chantelle Richmond, Cecilia Rocha, Kue Young Jan 2014

Aboriginal Food Security In Northern Canada: An Assessment Of The State Of Knowledge, Harriet Kuhnlein, Fikret Berkes, Laurie Hing Man Chan, Treena Wasonti:Io Delormier, Asbjørn Eide, Chris Furgal, Murray Humphries, Henry Huntington, Constance Macintosh, Ian Mauro, David Natcher, Barry Prentice, Chantelle Richmond, Cecilia Rocha, Kue Young

Reports & Public Policy Documents

As the world’s population increases, as global markets become more interconnected, and as the effects of climate change become clearer, the issue of food insecurity is gaining traction at local, national, and international levels. The recent global economic crisis and increased food prices have drawn attention to the urgent situation of the world’s 870 million chronically undernourished people who face the number one worldwide risk to health: hunger and malnutrition. Although about 75% of the world’s undernourished people live in low-income, rural regions of developing countries, hunger is also an issue in Canada. In 2011, 1.6 million Canadian households, or …


Stabilizing Morality In Trademark Law, Christine Haight Farley Jan 2014

Stabilizing Morality In Trademark Law, Christine Haight Farley

Articles in Law Reviews & Other Academic Journals

Almost all of the commentary concerning the statutory prohibition on registering offensive trademarks lambasts it as a misguided attempt to enforce civility through trademark law. This Article carefully considers the challenges accompanying section 2(a) of the U.S. Trademark Act and defends it as good policy. There are, however, a few instances in which the jurisprudence under section 2(a) has created more problems than it has solved. To alleviate these problems, this Article proposes judging words per se and abandoning the traditional trademark notion of evaluating words in context. Judging words per se is warranted given the very different objectives underlying …


Criminal Justice In Indian Country, M. Alexander Pearl Jan 2014

Criminal Justice In Indian Country, M. Alexander Pearl

Faculty Publications

This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states …


Developing The Law Of The River: The Integration Of Law And Policy Into Hydrologic And Socio-Economic Modeling Efforts In The Willamette River Basin, Adell Louise Amos Jan 2014

Developing The Law Of The River: The Integration Of Law And Policy Into Hydrologic And Socio-Economic Modeling Efforts In The Willamette River Basin, Adell Louise Amos

Publications

A legal and policy infrastructure -- referred to as a "law of the river" -- exists for every river basin in the U.S. an can be as important as natural processes in terms of managing the future of the resource. Because of the way that water law and policy have evolved in the U.S., this infrastructure involves a matrix of state and federal law that governs the choices that policymakers, end users, and agencies make. This "law of the river" provides the context in which decisions are made and not made. It also draws the boundaries within which decision makers …