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2005

Indigenous, Indian, and Aboriginal Law

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Full-Text Articles in Law

2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al Dec 2005

2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation …


There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton Dec 2005

There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton

BYU Law Review

No abstract provided.


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.


Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma Dec 2005

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.


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.


Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


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.


Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson Oct 2005

Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson

Law Faculty Research Publications

No abstract provided.


Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell Oct 2005

Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell

Indiana Law Journal

No abstract provided.


The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard Oct 2005

The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard

Dalhousie Law Journal

The tone and thrust of the Ontario Court ofAppeal's decision in R. v. Hamilton will serve to chill efforts by sentencing judges to tailor their responsibilities to accord with the recognized realities of systemic and intersectional inequality in Canadian society The decision presents an unduly conservative response to the judicial function question, and an understandable, if excessively cautious, answer with regard to the application of systemic, intersectional inequality issues in practice. Specifically, the decision underplays the overall remedial goal of section 718 of the Criminal Code by overemphasizing the particularity of Aboriginal peoples, and ignoring the specificity of especially vulnerable …


Testimony On The Regulation Of Indian Gaming, Oversight Hearing On Indian Gaming, Before The United States Senate, Committee On Indian Affairs, 109th Congress, 1st Session, Kevin Washburn Sep 2005

Testimony On The Regulation Of Indian Gaming, Oversight Hearing On Indian Gaming, Before The United States Senate, Committee On Indian Affairs, 109th Congress, 1st Session, Kevin Washburn

Faculty Scholarship

Federal and tribal regulation is likely to be more successful than state regulation of Indian gaming because tribal governments and the federal government have a greater interest in the long term success of Indian gaming. Uniform federal minimum internal control standards can protect the integrity of the Indian gaming industry nationwide. While federal regulators should exercise a powerful role, they must be respectful of tribal governments.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner Sep 2005

Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner

Nevada Law Journal

No abstract provided.


International Responsibility For Human Rights Violations By American Indian Tribes, Klint A. Cowan Aug 2005

International Responsibility For Human Rights Violations By American Indian Tribes, Klint A. Cowan

ExpressO

The American Indian tribes have a unique status in the law of the United States. They are characterized as ‘sovereigns’ that predate the formation of the republic and possess inherent powers and immunities. Their powers permit them to create and enforce laws and generally to operate as autonomous governmental entities with executive, legislative, and judicial branches. They enjoy immunity from suit and exemption from federal and state constitutional provisions which protect individual rights. These powers and immunities provide a connection between tribal governments and US international human rights obligations. This essay explores this connection. It examines whether the tribes may …


Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexa Koenig, Jonathan Stein Aug 2005

Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexa Koenig, Jonathan Stein

ExpressO

This article presents the emerging argument that Native American tribes that have received state but not federal recognition have a legal right to engage in gaming under state law. This argument is based on five points: that 1) the regulation of gaming is generally a state right; 2) state tribes are sovereign governments with the right to game, except as preempted by the federal government; 3) federal law does not preempt gaming by state tribes; 4) state tribal gaming does not violate Equal Protection guarantees; and 5) significant policy arguments weigh in favor of gaming by state tribes under state …


Slides: Long Term Management Of Community Forests: Some Eomf Partner Perspectives, Brian Barkley Jun 2005

Slides: Long Term Management Of Community Forests: Some Eomf Partner Perspectives, Brian Barkley

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Brian Barkley, Ontario Model Forest, Canada

18 slides


Slides: New England Forestry Foundation: Private Forests For The Public Good Since 1944, Frank Reed Jun 2005

Slides: New England Forestry Foundation: Private Forests For The Public Good Since 1944, Frank Reed

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Frank Reed, New England Forestry Foundation

9 slides


Slides: Forestry On The Yakama Reservation: The Balancing Of Natural Resources Management, Philip Rigdon Jun 2005

Slides: Forestry On The Yakama Reservation: The Balancing Of Natural Resources Management, Philip Rigdon

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Philip Rigdon, Yakama Nation, Toppenish, WA

64 slides


Slides: White Mountain Apache, Paul Declay, Jr. Jun 2005

Slides: White Mountain Apache, Paul Declay, Jr.

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Paul DeClay, Jr., Tribal Forest Manager, White Mountain Apache, AZ

34 slides


Slides: A Fine Line Between Success And Failure In Partnerships, Greg Neudecker Jun 2005

Slides: A Fine Line Between Success And Failure In Partnerships, Greg Neudecker

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Greg Neudecker, U.S. Fish and Wildlife Service, Great Falls, MT

48 slides


Slides: Overview Of Funding Sources: Land And Water Conservation Fund Act (Lwcf) 1965 (Includes Forest Legacy And Other Cooperative Conservation Programs) And Federal Land Transaction Facilitation Act Of 2000 (Fltfa Aka The "Baca" Act), Dick Todd Jun 2005

Slides: Overview Of Funding Sources: Land And Water Conservation Fund Act (Lwcf) 1965 (Includes Forest Legacy And Other Cooperative Conservation Programs) And Federal Land Transaction Facilitation Act Of 2000 (Fltfa Aka The "Baca" Act), Dick Todd

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Dick Todd, Bureau of Land Management, OR

11 slides


Slides: Ecotrust Forests, Bettina Von Hagen Jun 2005

Slides: Ecotrust Forests, Bettina Von Hagen

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Bettina Von Hagen, Ecotrust Forests, OR

25 slides


Agenda: Community-Owned Forests: Possibilities, Experiences, And Lessons Learned, Communities Committee, University Of Montana. School Of Forestry. Bolle Center For People And Forests, Wilderness Society (U.S.), Nature Conservancy Of Montana, Swan Ecosystem Center, Northwest Connections, Blackfoot Challenge, Flathead Economic Policy Center, Pinchot Institute For Conservation, American Forests, University Of Colorado Boulder. Natural Resources Law Center Jun 2005

Agenda: Community-Owned Forests: Possibilities, Experiences, And Lessons Learned, Communities Committee, University Of Montana. School Of Forestry. Bolle Center For People And Forests, Wilderness Society (U.S.), Nature Conservancy Of Montana, Swan Ecosystem Center, Northwest Connections, Blackfoot Challenge, Flathead Economic Policy Center, Pinchot Institute For Conservation, American Forests, University Of Colorado Boulder. Natural Resources Law Center

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Community-owned forests may be the answer for some U.S. communities now confronting unanticipated and unwanted large scale land use changes – changes that could irrevocably change their local landscapes and quality of life. Across the country, millions of acres of private forest lands are being put up for sale as the forest products companies who own them find other, cheaper sources of supply. If, as is likely, purchasers divide and convert the forests to residential or other development uses, nearby communities face losing the critical economic, environmental, recreational, social, cultural, and aesthetic values and benefits those forests have traditionally provided. …


Testimony On The Regulation Of Indian Gaming, United States Senate, Committee On Indian Affairs, 109th Congress, 1st Session, Kevin Washburn Apr 2005

Testimony On The Regulation Of Indian Gaming, United States Senate, Committee On Indian Affairs, 109th Congress, 1st Session, Kevin Washburn

Faculty Scholarship

Congress must shore up NIGC regulatory authority over Class III gaming, guard against regulatory capture in tribal regulatory commissions, and reconsider the legitimacy of federal oversight of tribal economic decision-making. Congress should give the NIGC greater authority over licensure of those involved in Indian gaming and circumscribe the federal role over tribal economic decisions.


Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter Apr 2005

Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter

Washington International Law Journal

Illegal logging in the tropical forests of Papua New Guinea is one of the greatest threats to the forests and indigenous people of this island nation. Increasing pressure from the commercial logging industry, legislation that restrains customary ownership, and an unclear legal basis for this ownership subjects the indigenous people of Papua New Guinea to unscrupulous, unsustainable, and illegal logging practices. As a region central to the preservation of global ecological and cultural diversity, the devastating consequences of illegal logging in Papua New Guinea have become nationally and internationally significant. Customary ownership of the forests by the indigenous clans of …


Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk Mar 2005

Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

Publications

No abstract provided.


Delawate River Basin Compact, Jeffrey Featherstone Mar 2005

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.


Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree Mar 2005

Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree

Human Rights & Human Welfare

A review of:

Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.


Reconsidering The Commission’S Treatment Of Tribal Courts, Kevin Washburn Feb 2005

Reconsidering The Commission’S Treatment Of Tribal Courts, Kevin Washburn

Faculty Scholarship

Since the U.S. Sentencing Commission first enacted the federal Sentencing Guidelines, the Guidelines have treated tribal courts in a manner that is impossible to reconcile with other modem federal policies of respect for tribal self-determination and self-governance. In refusing to count tribal convictions for purposes of routine calculation of criminal history, the Commission has disrespected tribal courts. The Commission's tribal courts policy is anachronistic and out of step with modem efforts to support tribal courts. The Commission should amend the guidelines to reflect the principle that misdemeanor convictions from tribal courts are entitled to the same level of respect as …


Visionary Thinker And Wordsmith Par Excellence, David E. Wilkins Jan 2005

Visionary Thinker And Wordsmith Par Excellence, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

I was part of a small cohort of Native students, thrilled at the possibility of studying with a man we affectionately, and with some trepidation, referred to as "the Godfather" of Indian politics, policy and law. We called ourselves "Vine's Disciples," not because he was a religious figure, but because we sensed that in having the privilege and opportunity studying with the individual we all considered the most gifted of our time, that we would receive profound lessons in what was required of us as we sought to become active and informed defenders of indigenous nationhood.

What an influence he …