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Series

Indigenous, Indian, and Aboriginal Law

1991

Articles 1 - 30 of 35

Full-Text Articles in Law

Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, Amendments Of 1991, United States 102nd Congress Dec 1991

Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, Amendments Of 1991, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: 1991 Amendments to Salt River Pima-Maricopa Indian Community Water Rights Settlement of 1988 (Dec. 17, 1991} Amends the Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988 (PL 100-512, sections7(a), 7(d), 10(a)(1)(A), 10(a)(1)(B), and 12(b)) to extend the deadline for completing such Settlement from Dec. 31, 1991, to June 30, 1992. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1025]


An Act Making Appropriations For The Department Of The Interior And Related Agencies For The Fiscal Year Ending September 30, 1992, And For Other Purposes, United States 102nd Congress Nov 1991

An Act Making Appropriations For The Department Of The Interior And Related Agencies For The Fiscal Year Ending September 30, 1992, And For Other Purposes, United States 102nd Congress

Native American Water Rights Settlement Project

Federal Legislation: San Luis Rey Indian Water Rights Settlement Act Amendment of 1991 Authority to Disburse Interest Income from the San Luis Rey Tribal Development Fund. (Nov. 13, 1991) Parties: La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, US, CA, Escondido Mutual Water Company and Vista Irrigation District. Amends Public Law 100-675, Sec. 117 to provide authority to disburse interest income to the San Luis Rey Indian Water Authority from the San Luis Rey Tribal Development Fund until the final Settlement is completed. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1991&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1991&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-105&ycord=1025]


Resource Law Notes Newsletter, No. 23, Oct. 1991, University Of Colorado Boulder. Natural Resources Law Center Oct 1991

Resource Law Notes Newsletter, No. 23, Oct. 1991, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson Jul 1991

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 …


Brief For The Federal Amicus Curiae Jun 1991

Brief For The Federal Amicus Curiae

United States v. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

No abstract provided.


Reply Brief Of Appellant Jun 1991

Reply Brief Of Appellant

United States v. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

No abstract provided.


Brief For Appellee State Of Washington Jun 1991

Brief For Appellee State Of Washington

United States v. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

No abstract provided.


The Public Interest: A Matter Of Discretion?, R. Keith Higginson Jun 1991

The Public Interest: A Matter Of Discretion?, R. Keith Higginson

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

15 pages.


Federal Regulatory Interests In Water, Patricia Sanderson Port Jun 1991

Federal Regulatory Interests In Water, Patricia Sanderson Port

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

39 pages.

Contains references.


Washington Instream Resources Protection: In Transition, Hedia Adelsman Jun 1991

Washington Instream Resources Protection: In Transition, Hedia Adelsman

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

45 pages.

Contains references.


Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning Jun 1991

Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

49 pages (includes illustrations and maps).

Contains references.


Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett Jun 1991

Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

5 pages.


Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte Jun 1991

Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

28 pages.


Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely Jun 1991

Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

20 pages.


The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman Jun 1991

The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

171 pages.


Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez Jun 1991

Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

26 pages.


Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center Jun 1991

Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.

Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …


Designing Dispute Resolution Systems For Water Policy And Management, Karen L. Barclay, Matthew J. Mckinney Jun 1991

Designing Dispute Resolution Systems For Water Policy And Management, Karen L. Barclay, Matthew J. Mckinney

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

34 pages.

Contains references.


Northern Cheyenne Tribe Water Rights Compact, Northern Cheyenne Tribe, Mt May 1991

Northern Cheyenne Tribe Water Rights Compact, Northern Cheyenne Tribe, Mt

Native American Water Rights Settlement Project

Settlement Agreement and State Legislation: Water Rights Compact State among Montana, Northern Cheyenne Tribe and US. MCA 85-20-301 (1991). The statute ratifies Compact between Northern Cheyenne, MT and US. This Compact resolves all water claims by the Northern Cheyenne within MT so long as the Tongue River Reservoir is repaired and expanded. Pre-existing stock water, domestic and municipal water uses are recognized. Tribe has right to 32,500 a/f/y of direct flow and storage from the Tongue River Basin (and first rights to excess) with a priority date of Oct. 1, 1881 provided that actual depletion does not exceed 9,375 a/f/y. …


Brief Of The Appellant May 1991

Brief Of The Appellant

United States v. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

No abstract provided.


Resource Law Notes Newsletter, No. 22, Mar. 1991, University Of Colorado Boulder. Natural Resources Law Center Mar 1991

Resource Law Notes Newsletter, No. 22, Mar. 1991, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley Jan 1991

Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley

Faculty Scholarship

This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.


To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson Jan 1991

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …


Indigenous Rights Norms In Contemporary International Law, S. James Anaya Jan 1991

Indigenous Rights Norms In Contemporary International Law, S. James Anaya

Publications

No abstract provided.


In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson Jan 1991

In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson

Publications

No abstract provided.


Sometimes Suspect: A Response To Professor Goldberg-Ambrose, David C. Williams Jan 1991

Sometimes Suspect: A Response To Professor Goldberg-Ambrose, David C. Williams

Articles by Maurer Faculty

No abstract provided.


The Borders Of The Equal Protection Clause: Indians As Peoples, David C. Williams Jan 1991

The Borders Of The Equal Protection Clause: Indians As Peoples, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder Jan 1991

Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder

Faculty Works

No abstract provided.


The Demise And Rise Of The Classical Paradigm In Canadian Federalism: Promoting Autonomy For The Provinces And The First Nations, Bruce Ryder Jan 1991

The Demise And Rise Of The Classical Paradigm In Canadian Federalism: Promoting Autonomy For The Provinces And The First Nations, Bruce Ryder

Articles & Book Chapters

The author explores the possibility of employing Canadian consitutional doctrine to develop a more flexible approach that would allow for greater provincial autonomy and First Nation self-government within the existing scheme of ss 91 and 92 jurisprudence. Canadian constitutional doctrine is first interpreted through the competing models of the classical and modem paradigms. The former emphasizes a sharp division of powers and has traditionally been used, the author argues, to invalidate legislation seen to interfere with the market economy. The modem paradigm, on the other hand, recognizes competing jurisdictions and has been used to uphold legislation focusing on morals. The …


Aboriginal Language Rights, Brian Slattery Jan 1991

Aboriginal Language Rights, Brian Slattery

Articles & Book Chapters

This paper considers several possible foundations for Indigenous language rights in the Constitution of Canada and argues for an approach that grounds these rights in inter-societal common law.