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Series

University of Washington School of Law

2005

Indigenous, Indian, and Aboriginal Law

Articles 1 - 4 of 4

Full-Text Articles in Law

Brief For The United States In Opposition Dec 2005

Brief For The United States In Opposition

Lummi Nation v. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

No abstract provided.

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Brief In Opposition Nov 2005

Brief In Opposition

Lummi Nation v. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

No abstract provided.

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Petition For Writ Of Certiorari Oct 2005

Petition For Writ Of Certiorari

Lummi Nation v. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

No abstract provided.

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Judicial Regrets And The Case Of The Cushman Dam, William H. Rodgers, Jr. Jan 2005

Judicial Regrets And The Case Of The Cushman Dam, William H. Rodgers, Jr.

Articles

This essay is a criticism of the Ninth Circuit's en banc decision in Skokomish Indian Tribe v. United States [401 F.3d 979 (9th Cir. 2005]. It finds particular fault with the court's understanding of Indian treaty rights as "something given," and its outlandish conclusion that fishing was not a "primary purpose" of the Stevens treaties.

The article further criticizes the court's treatment of the "continuing nuisance" doctrine that is applied to afford a statute of limitations defense to enterprises that did lasting environmental damage by diverting the entire North Fork of the Skokomish River out of the watershed.

It concludes …

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