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Full-Text Articles in Law
Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson
Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson
Washington Law Review
In 1974 the Crow Tribal Council enacted a resolution restricting reservation hunting and fishing to tribal members. No distinction was made between lands owned by the tribe or its members and the nearly thirty percent of the reservation area held in fee simple by non-members and the State of Montana. The resolution also purported to govern the Big Horn River, the bed of which the tribe claimed under its 1868 treaty with the United States. The State of Montana refused to recognize the tribe's jurisdiction to enact and enforce this restriction and continued to license non-member hunting and fishing within …
Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson
Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson
Washington Law Review
In 1974 the Crow Tribal Council enacted a resolution restricting reservation hunting and fishing to tribal members. No distinction was made between lands owned by the tribe or its members and the nearly thirty percent of the reservation area held in fee simple by non-members and the State of Montana. The resolution also purported to govern the Big Horn River, the bed of which the tribe claimed under its 1868 treaty with the United States. The State of Montana refused to recognize the tribe's jurisdiction to enact and enforce this restriction and continued to license non-member hunting and fishing within …
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Reader Response, Natural Resources Journal
Reader Response, Natural Resources Journal
Natural Resources Journal
No abstract provided.
District Court Review Of Nrc's Three Mile Island Decisions Upheld, Paula Z. Hanson
District Court Review Of Nrc's Three Mile Island Decisions Upheld, Paula Z. Hanson
Natural Resources Journal
No abstract provided.
Certain Imperial Irrigation District Land Not Subject To Acreage Limitation Of Federal Reclamation Laws, Jane C. Cohen
Certain Imperial Irrigation District Land Not Subject To Acreage Limitation Of Federal Reclamation Laws, Jane C. Cohen
Natural Resources Journal
No abstract provided.
The Protection Of American Antiquities: 1906-1981, Sandra Kemrer
The Protection Of American Antiquities: 1906-1981, Sandra Kemrer
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Supreme Court Clarifies Water Act Requirement, Mary Ramczyk Higgins
Supreme Court Clarifies Water Act Requirement, Mary Ramczyk Higgins
Natural Resources Journal
No abstract provided.
Clouded Titles In Community Property States: New Mexico Takes A New Step, Terrence R. Kamm
Clouded Titles In Community Property States: New Mexico Takes A New Step, Terrence R. Kamm
Natural Resources Journal
No abstract provided.
Compelled Self-Incrimination And The Federal Water Pollution Control Act, John Mcvey
Compelled Self-Incrimination And The Federal Water Pollution Control Act, John Mcvey
Natural Resources Journal
No abstract provided.
Pennsylvania's Technologically Impossible Air Pollution Standards Upheld, J. Michele Guttmann
Pennsylvania's Technologically Impossible Air Pollution Standards Upheld, J. Michele Guttmann
Natural Resources Journal
No abstract provided.
Tribal Severance Taxes - Outside The Purview Of The Commerce Clause, Susan Tixier
Tribal Severance Taxes - Outside The Purview Of The Commerce Clause, Susan Tixier
Natural Resources Journal
No abstract provided.
Determining The Parameters Of The Navigation Servitude Doctrine, Theresa D. Taylor
Determining The Parameters Of The Navigation Servitude Doctrine, Theresa D. Taylor
Vanderbilt Law Review
By abandoning traditional tests of navigability and defining new criteria for applicability of the navigation servitude, the Supreme Court has overlooked historical and precedential bases of the navigation servitude. The most important policy justifications for the doctrine are the need for federal dominance over waters with potential utility for recreation, defense, and commerce, and a desire to safeguard the public's right of access to commonly owned waterways. By considering factors such as the source of improvements upon a waterway and the possible inequity of the traditional noncompensation and notice theories, the Supreme Court has indicated a willingness to subrogate such …
Kaiser Aetna V. United States, 444 U.S. 164 (1979), Janice Kelly
Kaiser Aetna V. United States, 444 U.S. 164 (1979), Janice Kelly
Florida State University Law Review
Waters and Waterways-PUBLIC USE-THE EFFECT OF PROPERTY LAW AS A LIMITATION ON FEDERAL NAVIGATIONAL SERVITUDE
Navigable Water Not Always Subject To Free Public Access, Maureen Mcguinness
Navigable Water Not Always Subject To Free Public Access, Maureen Mcguinness
Natural Resources Journal
No abstract provided.
Supreme Court Fails To Reach Inverse Condemnation Issue, Scott Hancock
Supreme Court Fails To Reach Inverse Condemnation Issue, Scott Hancock
Natural Resources Journal
No abstract provided.