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Full-Text Articles in Law

Inherent Tribal Sovereignty And The Clean Water Act: The Effect Of Tribal Water Quality Standards On Non-Indian Lands Located Both Within And Outside Reservation Boundaries, Andrea K. Leisy Sep 2010

Inherent Tribal Sovereignty And The Clean Water Act: The Effect Of Tribal Water Quality Standards On Non-Indian Lands Located Both Within And Outside Reservation Boundaries, Andrea K. Leisy

Golden Gate University Law Review

This Comment briefly describes the background of federal Indian law in the United States, including the jurisdictional disputes between federal, state, and tribal interests. Part II also describes the EPA's Indian Policy to further illustrate the legal doctrines and policies that help shape current judicial opinions. Part III examines Albuquerque v. Browner, in which the Tenth Circuit upheld the EPA's approval of water quality standards for the Pueblo of Isleta, an Indian tribe whose reservation is located downstream from Albuquerque's wastewater treatment plant on the Rio Grande River. This section illustrates the EPA's proper interpretation of the CWA, within the …


Anticipating De Soto: Allotment Of Indian Reservations And The Dangers Of Land-Titling, Ezra Rosser Jan 2010

Anticipating De Soto: Allotment Of Indian Reservations And The Dangers Of Land-Titling, Ezra Rosser

Ezra Rosser

This chapter uses the disastrous allotment experience of Indian tribes to question the transformative power of land-titling for the poor as advocated by Hernando de Soto. For Indians, allotment era land-titling resulted in loss of land and hardship, all reflective of non-Indian desires for the land and an unwillingness to acknowledge the rights of Indians to govern themselves. The chapter ends with a brief discussion of the champas of El Salvador and the potential loss in terms of housing for the poor if de Soto’s ideas are implemented without some protection against sales to the wealthy.


When Canons Go To War In Indian Country, Guess Who Wins? Barrett V. United States: Tax Canons And Canons Of Construction In The Federal Taxation Of American Indians, John Lentz Jan 2010

When Canons Go To War In Indian Country, Guess Who Wins? Barrett V. United States: Tax Canons And Canons Of Construction In The Federal Taxation Of American Indians, John Lentz

American Indian Law Review

No abstract provided.


Indian Law: Dangerous Gamble: Child Support, Casino Dividends, And The Fate Of The Indian Family, Marcia A. Yablon-Zug Jan 2010

Indian Law: Dangerous Gamble: Child Support, Casino Dividends, And The Fate Of The Indian Family, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.