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Full-Text Articles in Law

Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein Feb 2017

Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein

Public Land & Resources Law Review

The Standing Rock Sioux’s effort to enjoin the U.S. Army Corps of Engineers’ permitting of an oil pipeline was stifled by the United States District Court of the District of Columbia. In denying the preliminary injunction, the court held that the Tribe failed to show that the Corps violated the National Historic Preservation Act, and that the Tribe’s belated effort to litigate was futile after failing to participate in the consultation process.


Interpreting, Stephanie Jo Kent Aug 2014

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …


Crow Water Rights Settlement Act Of 2010, United States 111th Congress Dec 2010

Crow Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title IV: Crow Tribe Water Rights Settlement - Crow Tribe Water Rights Settlement of 2010 in the Claims Resolution Act of 2010 (PL111-291| 124 Stat 3097). The Act ratifies, authorizes, and confirms the water rights 1999 Compact between the Crow Tribe and MT. The DOI Secretary shall promptly execute the Compact and comply with applicable environmental acts and regulations. The Act provides for: 1) the Tribe to a) rehabilitate and improve the Crow Irrigation Project; and b) Reclamation to construct the municipal, rural, and industrial water system; 2) creates a Project Management Committee made up of the Tribe, …


Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al Aug 2007

Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007. Amendment 2 replaces 3 exhibits with documents filed in or by the courts: 1) Attachment 1 - replacing Exhibit 25.18.A1 - “Stipulation of the Parties to the Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Setting forth the Terms of the Settlement (as filed with the Gila Adjudication Court on May 23, 2006”; 2) Attachement 2 - replacing Exhibit 25.18.A2 – “Judgment and Decree”; and 3) Attachement 3 - Exhibit 25.18.B “Order Pursuant to Stipulation issued by the Globe …


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al Dec 2005

2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation …


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Tohono O'Odham Settlement, Tonhono O'Odham Nation Et Al Apr 2003

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 …


Crow Tribe, Montana & Us Compact Of 1999, Montana Jun 1999

Crow Tribe, Montana & Us Compact Of 1999, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: Water Rights Compact Entered into by the State of Montana, the Crow Tribe and the USA (Jun. 22, 1999). (Mont. Code Ann. Sec. 85-20-901) There is no separate Settlement Agreememt. The State Legislation ratifies settlement of Crow water rights. Includes 500,000 a/f/y from Bighorn River, priority of May 7, 1868; 300,000 a/f/y from Bighorn Lake storage but limited to half that amount during low periods. A stream and lake-level management plan to be developed for the Bighorn River. Tribe has surface, GW and storage rights within the Little Bighorn River, Pryor Creek, and Rosebud Creek (to …


Fort Hall Indian Water Rights Act Of 1990, United States 101st Congress Nov 1990

Fort Hall Indian Water Rights Act Of 1990, United States 101st Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort Hall Water RIghts Act of 1990 (PL 101-602, 104 Stat. 3059, H.R. 5308) Parties: Shoshone-Bannock Tribes, ID, and US. The Act ratifies the Settlement Agreement. It protects existing uses through authorizing contracting for storage space in existing reserviors and placing limits on setting aside of final decree. It addresses the leases, transfers and uses of tribal rights, including instream flows, abandonment or forfieture and uses off reservation.The Act addresses contributions including: a Tribal Development Fund, construction of a Reservation Water Management System; acquisition of lands and grazing rights; places limits on per capita distributions to tribal members; …


Treaty Of Fort Laramie, 1868 (Kappler), Charles J. Kappler, Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, Samuel F. Tappen, Christopher C. Augur, Alfred H. Terry, John B. Henderson, Andrew Johnson Jan 1904

Treaty Of Fort Laramie, 1868 (Kappler), Charles J. Kappler, Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, Samuel F. Tappen, Christopher C. Augur, Alfred H. Terry, John B. Henderson, Andrew Johnson

US Government Documents related to Indigenous Nations

This 1904 reprint of the Sioux Treaty of 1868, also known as the Treaty of Fort Laramie, 1868, was transcribed and published in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. This treaty, between the United States government and the Sioux and Arapaho Nations, established the Great Sioux Reservation, promised the Sioux would own the Black Hills in perpetuity, and set aside the country north of the North Platte River and east of the summits of the Big Horn Mountains as unceded Indian territory. Furthermore, the U.S. government pledged to close the Bozeman Trail forts and provide …


Treaty Of Fort Laramie 1868, Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, Samuel F. Tappan, Christopher C. Augur, Alfred H. Terry, John B. Henderson, Andrew Johnson Apr 1868

Treaty Of Fort Laramie 1868, Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, Samuel F. Tappan, Christopher C. Augur, Alfred H. Terry, John B. Henderson, Andrew Johnson

US Government Documents related to Indigenous Nations

This treaty, signed on April 29, 1868, between the United States government and the Sioux and Arapaho Nations, established the Great Sioux Reservation, promised the Sioux would own the Black Hills in perpetuity, and set aside the country north of the North Platte River and east of the summits of the Big Horn Mountains as unceded Indian territory. Furthermore, the U.S. government pledged to close the Bozeman Trail forts and provide food, clothing, and annuities to the tribes, given that they agreed to relinquish all rights to live outside the reservation.