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Articles 1 - 9 of 9

Full-Text Articles in Law

Indian Gaming – The Next 25 Years, Kevin Washburn Jul 2014

Indian Gaming – The Next 25 Years, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary for Indian Affairs United States Department of the Interior Before the Senate Committee on Indian Affairs Oversight Hearing


Law And Order Commission Report: “A Roadmap For Making Native America Safer.”, Kevin Washburn Feb 2014

Law And Order Commission Report: “A Roadmap For Making Native America Safer.”, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary Indian Affairs United States Department of the Interior Before The Senate Committee on Indian Affairs On The Law and Order Commission Report: “A Roadmap for Making Native America Safer.”


Testimony On The Department Of The Interior's New Policy On Off-Reservation Acquisitions Of Land In Trust For Indian Gaming, Before The United States House Of Representatives Natural Resources Committee, 110th Congress, Second Session, Kevin Washburn Feb 2008

Testimony On The Department Of The Interior's New Policy On Off-Reservation Acquisitions Of Land In Trust For Indian Gaming, Before The United States House Of Representatives Natural Resources Committee, 110th Congress, Second Session, Kevin Washburn

Faculty Scholarship

The Department of the Interior's New Guidance on Off-Reservation Acquisitions of Land in Trust for Indian Gaming assumes that the principal value of Indian gaming is reservation employment. Although this assumption is mostly incorrect - Indian gaming operations, like state lotteries, are about public revenues, not jobs - off-reservation gaming can dramatically increase the number of public service jobs on Indian reservations. Indian gaming revenues are mostly expended on tribal services to tribal members, creating numerous public service jobs in tribal government. Off-reservation Indian gaming can also provide revenues for restoration of lands on Indian reservation, making up for limited public ...


Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch Jun 2007

Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Russell W. Busch, Attorney for the Lower Elwha Klallam Tribe

10 pages.


Chickasaw Nation: Interpreting A Broken Statute, Erik M. Jensen Feb 2006

Chickasaw Nation: Interpreting A Broken Statute, Erik M. Jensen

Faculty Publications

This report discusses the Supreme Court's 2001 decision in Chickasaw Nation v. United States, in which the Supreme Court interpreted a provision of the Indian Gaming Regulatory Act that contained contradictory phrases - one suggesting that Indian tribes were exempt from some occupational and excise taxes and one suggesting the contrary. The statute on its face made no sense, and the legislative history was of little help in resolving the ambiguity. Although the statute was clearly broken, the Court concluded that no ambiguity existed and that Congress did not intend to exempt tribes from those various wagering taxes. The author ...


The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen Jan 1999

The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen

Faculty Publications

This article discusses James A. Porres III's essay, The Constitution of the United States Applies to Indian Tribes.


American Indian Law Meets The Internal Revenue Code: Warbus V. Commissioner, Erik M. Jensen Jan 1998

American Indian Law Meets The Internal Revenue Code: Warbus V. Commissioner, Erik M. Jensen

Faculty Publications

This article examines a 1998 Tax Court decision, Warbus v. Commissioner, that has implications for both American Indian law and federal tax law. Section 7873 of the Internal Revenue Code exempts from taxation amounts derived by American Indian tribal members from fishing-rights related activit[ies] of their tribes. Taxpayer Warbus claimed that discharge of indebtedness income from the foreclosure of his fishing boat qualified for the exclusion; the Tax Court said no. The author argues that Warbus was wrongly decided for two reasons: the court failed to take account of basic principles of American Indian law, and the court misapplied ...


Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry Jan 1993

Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry

Librarian Publications

The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from arbitrary and overly intrusive tribal actions against the tribes' interest in retaining their legal capacity to act as self-governing entities. Congress struck the balance between these two competing interests by drafting a bill of rights that reflected the particular circumstances of the tribes. The possibility of an appeal ...


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.