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Articles 1 - 19 of 19
Full-Text Articles in Law
Shoshone-Paiute Tribes Decree For Water In Snake River Basin In Idaho, Fifth Judicial District Court, Twin Falls County, Idaho
Shoshone-Paiute Tribes Decree For Water In Snake River Basin In Idaho, Fifth Judicial District Court, Twin Falls County, Idaho
Native American Water Rights Settlement Project
Revised Consent Decree: Parties: Shoshone-Paiute Tribes, Idaho, United States, J.R. Simplot Company, Riddle Ranches. Duck Valley Reservation Contents: 1. Procedural History, Offer of Judgment. p.1; 2. Entry of Partial Final Decrees for Federal Reserved Water Rights. p.2; 3. Remaining Water Right Claims Disallowed, p.3; 4. Withdrawal of United States’ Objections to Riddle Ranch p.3; 5. Administration of Water Rights including tribal water code, p.3; 6. Waivers and Releases p.3; 7. No Establishment of Precedent, p.4; 8. Resolution and Finality, p.5; 9. Costs and Fees, p. 5; Attachment A, Consumptive Claim Numbers & Non-Consumptive, Instream Flow Claim Number p. …
Fort Mcdowell Indian Community Water Rights Settlement Revision Act Of 2006, United States 109th Congress
Fort Mcdowell Indian Community Water Rights Settlement Revision Act Of 2006, United States 109th Congress
Native American Water Rights Settlement Project
Federal Legislation: Fort McDowell Indian Community Water Rights Settlement Revision Act of 2006 (PL 109-373, 120 Stat. 2650) This Act cancels the repayment obligation of the tribe under PL 101-628 and relieves the DOI secretary of its obligation to obtain mitigation property or develop additional farm acreage under the Act. [Source: http://www.gpo.gov/fdsys/pkg/STATUTE-120/pdf/STATUTE-120-Pg2650.pdf]
Public Safety And Criminal Justice, Kevin Washburn
Public Safety And Criminal Justice, Kevin Washburn
Faculty Scholarship
Conference Transcript from The New Realism: The Next Generation of Scholarship in Federal Indian Law
Water Forum 2006, Susan Kelly
Amendment No. 1 To The Amended And Restated Gila River Indian Community Water Rights Settlement Agreement (2006), Gila River Indian Community, Et Al
Amendment No. 1 To The Amended And Restated Gila River Indian Community Water Rights Settlement Agreement (2006), Gila River Indian Community, Et Al
Native American Water Rights Settlement Project
No abstract provided.
Soboba Band Of Luiseño Indians Settlement Agreement, Soboba Band Of Luiseño Indians Et Al
Soboba Band Of Luiseño Indians Settlement Agreement, Soboba Band Of Luiseño Indians Et Al
Native American Water Rights Settlement Project
Settlement Agreement: Soboba Band of Luiseño Indians Settlement Agreement of June 7, 2006, (final signatures Oct. 18, 2008) Parties: Soboba Band of Luiseño Indians, US, Eastern Municipal Water District, Lake Hemet Municipal Water District and Metropolitan Water District of Southern California. The Tribe is entitled to 9K acre-feet annually (afy) as a prior and paramount right. The districts agree to supply the Tribe water to the extent that it is not able to produce that amount. However, the Tribe agrees to limit its exercise of the right to 4,100 afy for 50 years. The Tribe may use water made available …
Testimony On The Regulation Of Indian Gaming, Oversight Hearing On The [Nigc] Minimum Internal Control Standards, Before The United States House Of Representatives, Committee On Resources, 109th Congress, 2nd Session, Kevin Washburn
Faculty Scholarship
State governments have an inherent conflict of interest in the regulation of Indian gaming. Strict regulation of Indian gaming can be good for the long term health of the industry, but may impact short term revenues. States have a strong short term interest in maximizing gaming revenue. Tribal governments should bear the primary responsibility for regulating Indian gaming. However, tribal regulators also have a weakness, namely, a myopia to the interests of other tribes and the national interests of the Indian gaming industry. Federal regulators can best protect the integrity of the industry nationally and ought to have a strong …
Active Water Resource Management: Tools For Better Water Management, John D'Antonio
Active Water Resource Management: Tools For Better Water Management, John D'Antonio
Publications
No abstract provided.
Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary
Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary
Publications
No abstract provided.
Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack
Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack
Publications
No abstract provided.
Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John P. Lavelle
Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John P. Lavelle
Faculty Scholarship
The most dramatic development in the field of Indian law during the years between publication of the 1982 and 2005 editions of Cohen's Handbook of Federal Indian Law has been the Supreme Court's reliance on a judicially devised theory for denying the inherent sovereign governing authority of Indian nations in cases where Congress has not acted to divest tribes of this authority. The executive committee of the board of authors and editors for the 2005 revision of Cohen's Handbook recognized the importance of discussing this recent line of cases in-depth and entrusted me with the task of preparing the draft. …
Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress
Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress
Native American Water Rights Settlement Project
Federal Legislation: Fallon Paiute Shoshone Tribes Settlement Act of 2006 in Native American Technical Corrections Act of 2006 (PL 109-221, Sec. 104, 120 Stat. 336) This Act amends Sec. 102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990. The amendment concerns restructuring of management of Fallon Paiute Shoshone Tribes Settlement Fund. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-109publ221/pdf/PLAW-109publ221.pdf]
An Environmental Pool For The Rio Grande, Kara Gillon
An Environmental Pool For The Rio Grande, Kara Gillon
Publications
The Bureau of Reclamation and Corps of Engineers operate a series of dams, reservoirs, and levees along the Middle Rio Grande of New Mexico. The plight of the Rio Grande silvery minnow, an endangered species, and of the river itself demonstrates the need for a change from the emphasis on water development to sustainable river management. Conservation groups invoked the protections of the Endangered Species Act to catalyze this change. Recognizing that flexibility is necessary to meeting competing water needs, the groups also promoted the need for and several approaches to a sustainable and long-term approach to river management and …
When The State Bar Exam Embraces Indian Law: Teaching Experiences And Observations, Gloria Valencia-Weber, Sherri Nicole Thomas
When The State Bar Exam Embraces Indian Law: Teaching Experiences And Observations, Gloria Valencia-Weber, Sherri Nicole Thomas
Faculty Scholarship
In 2002, New Mexico became the first state to place Indian law on the state bar exam. This decision made basic knowledge of Indian law part of the competency expected of all licensed attorneys. This result arose from the University of New Mexico School of Law's (UNM) significant role as the only law school in the state. In combination with the social and political history of the state these elements produced this historic result. This paper outlines the history of Indian law at UNM and discusses the formal process that placed Indian law on the state's bar exam. The discussion …
Toward A Pedagogy And Ethic Of Law/Lawyering For Indigenous Peoples, Christine Zuni Cruz
Toward A Pedagogy And Ethic Of Law/Lawyering For Indigenous Peoples, Christine Zuni Cruz
Faculty Scholarship
This article is prefaced with a reflection on Indigenous Peoples in the legal profession which leads into a discussion on the pedagogy and preparation of Indigneous students in law. It addresses the current pedagogy employed in training indigenous students in law and proposes a reframing of this preparation by including and employing an indigenous perspective and intellectual tradition of leadership. It considers the relationship of the Indian law academician with indigenous justice systems. The article addresses the influence on pedagogy that emerges from the Indigenous legal tradition, and the importance of incorporating these influences into the education and preparation of …
American Indians, Crime, And The Law, Kevin Washburn
American Indians, Crime, And The Law, Kevin Washburn
Faculty Scholarship
This Article evaluates the federal Indian country criminal justice regime, not against norms of Indian law and policy, but against those of criminal law and policy. Specifically, this Article evaluates the federal constitutional norms that lie at the heart of American criminal justice and that are designed to ensure the legitimacy of federal criminal trials. Toward that end, Part I presents a critical description of key facets of the federal Indian country criminal justice system. Part II begins the critical evaluation by evaluating a key institutional player in the federal system, the federal prosecutor. It highlights the handicaps faced by …
Federal Criminal Law And Tribal Self-Determination, Kevin Washburn
Federal Criminal Law And Tribal Self-Determination, Kevin Washburn
Faculty Scholarship
Under the rubric of "tribal self-determination," federal policymakers have shifted federal governmental power and control to tribal governments in nearly all areas of Indian policy. Normatively, this shift reflects an enlightened view about the role of Indian tribes in Indian policy. As a practical matter, it has also improved services to Indians on reservations by placing functions with tribal service providers who are more knowledgeable and more accountable than their federal counterparts. Despite broad adoption of self-determination as the dominant federal policy, felony criminal justice on Indian reservations has remained an exclusive federal function, and a highly ineffective enterprise, according …
Tribal Self-Determination At The Crossroads, Kevin Washburn
Tribal Self-Determination At The Crossroads, Kevin Washburn
Faculty Scholarship
The tribal self-determination initiative that began transforming federal Indian policy thirty years ago has reached a crossroads. Despite its transformative effects on tribal governments and the widespread belief that self-determination has been a successful federal approach to Indian affairs, no significant new self-determination program has been initiated at the congressional level in several years. This Article looks to the tribal self-determination initiative's past to gain insights about its future. It also briefly surveys existing tribal self-determination programs and concludes that far more work needs to be done to achieve tribal self-determination. Drawing on the author's broader work, it finds one …
Creating A Tribal Law Practice Clinic In Kansas: Carving The Peg To Fit The Hole, Aliza Organick
Creating A Tribal Law Practice Clinic In Kansas: Carving The Peg To Fit The Hole, Aliza Organick
Faculty Scholarship
This article will focus on three main challenges in creating a tribal court practice clinic. The first part will address creating a tribal court focus within an existing clinic curriculum. The second part will address the process of designing a curriculum for the TCPC that includes incorporating the basic doctrinal foundations of federal Indian law, as well as the clinical skills necessary to practice in a tribal court setting. The third part will offer some concluding thoughts on my long-term plans and dreams for TCPC.