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Articles 61 - 83 of 83
Full-Text Articles in Law
Judicial Termination Of Treaty Water Rights: The Snake River Case, Dale Goble
Judicial Termination Of Treaty Water Rights: The Snake River Case, Dale Goble
Articles
No abstract provided.
Dedication To Professor Ralph W. Johnson, David H. Getches
Dedication To Professor Ralph W. Johnson, David H. Getches
Articles
This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …
Indian Tribes And The Legal System, Ralph W. Johnson
Indian Tribes And The Legal System, Ralph W. Johnson
Articles
This article surveys the past and present role of lawyers in the field of Indian law, from the absence of attorneys in early treaty negotiations through the formative role lawyers played in developing the federal trust relationship, to their modem role as "legal warriors" for the increasingly independent, autonomous tribes of today. To understand all the changes now occurring in Indian law, a review of the background is helpful. What follows is a synopsis of the significant events in Indian history, focusing on how the U.S. government initially treated Indians and the role the legal profession played in this treatment.
Group Agency And Group Rights, James W. Nickel
The 1997 Water Rights Settlement Between The State Of Montana And The Chippewa Cree Tribe Of The Rocky Boy's Reservation: The Role Of Community And Of The Trustee, Barbara Cosens
Articles
No abstract provided.
Dedication To Professor Ralph W. Johnson, David H. Getches
Dedication To Professor Ralph W. Johnson, David H. Getches
Articles
This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …
The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr.
The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr.
Articles
My approach in this Essay is to look at the Native Hawaiian Sovereignty conflict through a lens suggested by evolutionary theory, sometimes described in the law schools as "Law and Biology." In this world, the sense of justice is a set of expectations about how others should behave, backed by a proclivity towards moralistic aggression against deviators.
The sense of justice entails both cognition and emotion, with a match of expectations and then the fit that follows if there is no fit.
Compare and despair is the name of the game. Explored in detail are the actions of Dennis "Bumpy" …
Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis
Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis
Articles
Since his appointment to the United States Supreme Court, Chief Justice William H. Rehnquist has guided significant changes m Indian law He has articulated new tests for determining the status of tribes and their powers as sovereign nations. He has voted to disestablish tribes and limit their sovereign powers. He has voted to allow states to exercise jurisdiction over Indian and non-Indian activities and property on reservations.
The articulation of a legal philosophy is generally accepted, expected, and probably necessary for a Supreme Court Justice. At the same time it is instructive to know the views of the members of …
Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis
Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis
Articles
Since his appointment to the United States Supreme Court, Chief Justice William H. Rehnquist has guided significant changes in Indian law. He has articulated new tests for determining the status of tribes and their powers as sovereign nations. He has voted to disestablish tribes and limit their sovereign powers. He has voted to allow states to exercise jurisdiction over Indian and non-Indian activities and property on reservations.
The articulation of a legal philosophy is generally accepted, expected, and probably necessary for a Supreme Court Justice. At the same time it is instructive to know the views of the members of …
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly
Articles
In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or individual …
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
Articles
This article examines how semi-literate or largely non-literate cultures having little or no experience with writing ("performance cultures") communicate and express law and legal meaning through the orchestrated use of the physical senses. It first examines how each of the senses - hearing (sound), sight, touch, smell and taste - is brought to bear in the cultural and legal experience of performance-based societies. It then considers how and why members of performance cultures "perform", i.e. use and combine various sensory media in single messages, and describes how and why they use the same strategy in creating law and legal expression. …
Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson
Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson
Articles
The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …
Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend
Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend
Articles
The treaties between the United States and the Indians constitute a critical recognition and guarantee of Indian rights. They envision a "measured separatism"' for an important minority that is determined to maintain a distinct cultural and political identity.' Non-treaty rights are fragile: The Supreme Court has held that Indians are not citizens within the meaning of the Fourteenth Amendment,' and that Congress has "plenary power" over Indian affairs by virtue of its guardianship over their interests. Moreover, the United States has ended the formal negotiation process with the Indians, and apparently no further treaties will be concluded. Thus, Congress' power …
Law And Alaska Natives: The Warp And Woof Of A Field Of Law In Transition, Ralph W. Johnson
Law And Alaska Natives: The Warp And Woof Of A Field Of Law In Transition, Ralph W. Johnson
Articles
Reviewing Alaska Natives and American Laws, by David Case (1984).
Paternalism, James W. Nickel
Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Articles
An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:
(1) The doctrine of sovereign immunity is not part of the controlling federal law applicable to Indian tribal courts, except where trust property is involved.
(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign immunity …
Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden
Articles
An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:
(1) The doctrine of sovereign immunity is not part of the con-. trolling federal law applicable to Indian tribal courts, except where trust property is involved.
(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign …
Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal
Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal
Articles
This article analyzes the recent Indian equal protection cases in an attempt to formulate the equal protection doctrine as applied to Indians, to examine the theoretical foundation for that doctrine, and to indicate how that doctrine will likely be applied in situations not yet addressed by the courts.
American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins
American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins
Articles
This article is intended to rebut several of Mr. Brakel's key assertions and to emphasize the wellestablished right of Indians to maintain their own courts. Each of the authors has had extensive contact and experience working with Indian courts. Mr. Collins is associated with the Native American Rights Fund. He formerly had many contacts with Indian courts when he practiced law on the Navajo Indian Reservation. Professor Johnson, who has taught law at the University of Washington School of Law for twenty-one years, has for the past six years been an instructor in the National American Indian Court Judges Association's …
The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson
The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson
Articles
Pacific Northwest Indian tribes signed treaties with the United States in the mid-1850's which guaranteed them the permanent right to fish at their usual and accustomed fishing sites off the reservations. The Indians believe these treaties mean that those states which did not exist in 1855 have no power to regulate Indian off-reservation fishing under any circumstances. State officials, on the other hand, have consistently argued that Indian off-reservation fishing is subject to the same state regulation as non-Indian fishing. The United States Supreme Court has basically accepted the states' position, holding that states can regulate off-reservation fishing when "necessary …
An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.
An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.
Articles
No abstract provided.
An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.
An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.
Articles
No abstract provided.
Indian Hunting, Fishing And Trapping Rights: The Record And The Controversy, Donald L. Burnett Jr.
Indian Hunting, Fishing And Trapping Rights: The Record And The Controversy, Donald L. Burnett Jr.
Articles
No abstract provided.