Administrative Law Commons^™

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements, Christopher M. Macneill

American Indian Law Journal

This article after a brief introduction which describes the Inuit of Canada and their administrative segmentation by the territorial and provincial boundaries of the Yukon Territory, Northwest Territory, Nunavut Territory, Province of Quebec and the Province of Labrador. While arguably the Inuit are also considered to have traditionally used the northern regions of other provinces this study will focus on the present governance organizational framework assigned via Inuit Land Claims with Canada. The formation of Canada in 1867 and the subsequent partitioning of the Yukon and Nunavut from the Northwest Territory, and the addition of the Northern Quebec (Ungava Bay …

Native Nations' Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned, David E. Missirian

American Indian Law Journal

No abstract provided.

Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.

Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Wolastoqiyik And Mi’Kmaq Grandmothers - Land/Water Defenders Sharing And Learning Circle: Generating Knowledge For Action, Sherry Pictou, Janet Conway, Angela Day

Reports & Public Policy Documents

This report is a summary of the Grandmothers/Defenders’ stories and are interwoven with corresponding news articles, press releases, and other public documents. This is followed by an overview of some of the critical common issues and importantly, strategies for moving forward proposed by the Grandmothers/Defenders.

The Grandmother’s Report is a collection of stories told by Wolastoqiyik Grandmother/Defenders against the Sisson Mine in New Brunswick and Mi’kmaq Grandmothers against the Alton Gas project in Nova Scotia at the event, Indigenous Grandmothers Sharing and Learning Circle: Generating Knowledge for Action, held at the Tatamagouche Centre in Nova Scotia, January 26 to 27, …

Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel

American Indian Law Journal

No abstract provided.

The Indian Child Welfare Act’S Application To Civil Commitments Of Indian Children In State Court Proceeding, Courtney Lewis

American Indian Law Journal

Currently there is no clear guidance on the Indian Child Welfare Act’s (ICWA) application in the context of a civil commitment proceeding, which generally occurs at the state level. This Article argues that ICWA applies to any state court proceeding for civil commitment of an Indian child if the Indian parent cannot have their child returned upon demand. The plain language of ICWA provides for this reasonable interpretation. ICWA enacts rights for Indian children, their parents, and their tribes when a party seeks the removal of the Indian child for placement in an institution. Without adherence to these rights, an …

“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox

American Indian Law Journal

No abstract provided.

Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan

American Indian Law Journal

No abstract provided.

Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta

American Indian Law Journal

Once abundant, the wild growing peyote cactus plants in Texas and Mexico are being drastically reduced and becoming scarce. Peyote, a slow growing cactus contains the hallucinogenic drug mescaline, is a sacred sacrament used in the Native Americans Church (NAC). It is also used religiously by various Indian tribes throughout the country of Mexico. Although peyote is classified as a controlled substance under federal and state laws, U.S. Congress granted NAC members a “peyote exemption” pursuant to the American Indian Religious Freedom Act to legally use peyote for religious purposes. In U.S. v. Boyll, the federal district court interpreted the …

Introduction, Rick Applegate

Public Land & Resources Law Review

No abstract provided.

Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson

Public Land & Resources Law Review

In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible …

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Mcgirt V. Oklahoma, Allison Barnwell

Public Land & Resources Law Review

The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Great Debate, Dorothy Bradley

Public Land & Resources Law Review

No abstract provided.

Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes

Public Land & Resources Law Review

No abstract provided.

If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown

Public Land & Resources Law Review

No abstract provided.

Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett

Public Land & Resources Law Review

No abstract provided.

Earth Day 1970, Dorothy Bradley

Public Land & Resources Law Review

No abstract provided.

Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore

Public Land & Resources Law Review

No abstract provided.

Quotes And Acknowledgments

Public Land & Resources Law Review

No abstract provided.

Letter From The Editor

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Dedication

Public Land & Resources Law Review

No abstract provided.

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham

Public Land & Resources Law Review

No abstract provided.