Indigenous, Indian, and Aboriginal Law Commons^™

Liberalism And Republicanism: In Federal Indian Law, Bethany Berger

Faculty Articles and Papers

This essay shows the ways that, despite apparent contradictions, tribal claims fit within the liberal and republican strands of American democratic theory. Critics of tribal sovereignty and, I believe, the modern Supreme Court, are influenced by the seeming conflict between tribal interests and a liberal philosophical framework. I argue that properly understood, most tribal claims do fit within classical liberal theory, with its emphasis on equality and freedom. It is true that some tribal claims are distinctly those of groups or peoples, and so cannot be adequately captured by an individualist liberal framework. Drawing on the later work of John …

The "Actual State Of Things": Teaching About Law In Political And Historical Context, David E. Wilkins

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

Vine Deloria, Jr., the most prolific Native writer and one of the most gifted intellectuals in American history, left a deep imprint in many of the fields he so artfully plowed, including: education, religion, politics, cultural critic, history, and indigenous knowledge. His scholarship on specific subjects came in waves, with each wave building upon the previous one before reaching its remarkable crest.

Deloria's scholastic and pragmatic legacy in federal Indian law and policy and indigenous governance is one that has produced several major books and numerous articles, which, in the pantheon of Deloria's prodigious body of works, rank highly in …

Vine Deloria Jr. And Indigenous Americans, David E. Wilkins

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

Vine Deloria Jr., a Standing Rock Sioux citizen, widely considered the leading indigenous intellectual of the past century, walked on in November 2005. Deloria spent most of his adult life in an unrelenting, prodigious, and largely successful effort to provide those most grounded of Native individuals and their governments with the intellectual, theoretical, philosophical, and substantive arguments necessary to support their inherent personal and national sovereignty. Importantly, however, his voluminous work also sought to improve the nation-to-nation and intergovernmental relationships of and between First Nations, and between First Nations and non-Native governments at all levels. In fact, he was hailed …

Forging A Political, Educational, And Cultural Agenda For Indian Country: Common Sense Recommendations Gleaned From Deloria's Prose, David E. Wilkins

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

Fortunately for the human species, in its wide assortment of pigmentations, cultural experiences, and geographic locations, each generation of a given people produces a small number of truly spirited individuals. These are individuals who not only possess the ability to constructively critique and analyze what is both sound and problematic in their society—or for our purposes, a set of societies—but who also have the rarer gift of being able to propound suggestions, ideas, and prognostications on what might be done to improve the human condition, both individually and collectively.

In the breadth and depth of Vine Deloria Jr.'s copious works …

[Introduction To] On The Drafting Of Tribal Constitutions, Felix S. Cohen, David E. Wilkins (Editor)

Bookshelf

Felix Cohen (1907-1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His "Basic Memorandum on Drafting of Tribal Constitutions," submitted in November 1934, provided practical guidelines for that effort.

Largely forgotten until Cohen's papers were released more than half a century later, the memorandum now receives the attention it has long deserved. David E. Wilkins presents the entire work, edited and introduced with …

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.

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

ExpressO

No abstract provided.

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: 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: 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: 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: 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

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: 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

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. …

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.

In Search Of Sustainable Water Management: International Lessons For The American West And Beyond, Douglas S. Kenney

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b279300~S0

Contents: Water policy and cultural exchange : transferring lessons from around the world to the western United States / James L. Wescoat Jr. -- Roles for the public and private sectors in water allocation : lessons from around the world / Charles W. Howe, Helen Ingram -- Integrating environmental and other public values in water allocation and management decisions / David H. Getches, Sarah B. Van de …

Phase I Archaeological Intensive Survey Of Hassanamesitt Woods Property, Grafton, Massachusetts, Jack Gary, Stephen Mrozowski, David B. Landon

Andrew Fiske Memorial Center for Archaeological Research Publications

The Center for Cultural and Environmental History conducted a Phase I archaeological intensive survey of the Hassanamesitt Woods property in Grafton, Massachusetts from October 2004 through January 2005. Documentary evidence has suggested that the property may contain remains of the church for the Praying Indian village of Hassanamisco, established by John Eliot in 1660. Historical deed research has also placed several Nipmuc families on the property in the early 18th century, suggesting the area was resettled by the original inhabitants of Hassanimisco in the aftermath of King Philip's War. Throughout the course of the 18th and 19th centuries the property …

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 …

Indian Mascot World Series Tied 1 - 1: Who Will Prevail As Champion?, Stacie L. Nicholson

American Indian Law Review

No abstract provided.

Appendix E: Comments By Number, 2005, Us Army Corps Of Engineers

US Government Documents Related to Indigenous Nations

This comments matrix, published in 2005, provides a summary of public comments made in 2005 regarding the proposed return of land to the Three Affiliated Tribes of the Fort Berthold Reservation. These comments were recorded from transcripts of three public meetings held in Bismarck, North Dakota (ND) on May 24; in Dickinson, ND on May 25; and in Williston, ND on May 26. The matrix also includes comments received outside these meetings via email and letter. The land return, based on the Mineral Restoration Act of 1984 (Public Law 98-602), proposed to return a portion of the land taken for …

African Americans And Aboriginal Peoples: Similarities And Differences In Historical Experiences, David E. Wilkins

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

In August of 2003, Harvard University hosted a major conference, organized by the Civil Rights Project, titled Segregation and Integration in America's Present and Future. The conference was appropriately subtitled the Color Lines Conference, in reference to W.E.B. Du Bois's classic 1903 study The Souls of Black Folk. This sprawling conference brought together some of the more significant actors in the Civil Rights arena—including Gary Orfield, Julian Bond, Antonia Hernandez, Glenn Loury, William Julius Wilson, and Gerald Torres—to reflect on the dynamics of residential segregation, racial identity, institutional barriers to racial integration, inequalities in higher education, and, or …

Keynote Address: 2004 American Indian Studies Consortium Annual Conference, David E. Wilkins

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

This special issue of Wicazo Sa Review continues the theme of colonization/decolonization from the previous issue and contains transcriptions of two sessions of the 2004 American Indian Studies Consortium annual conference, entitled "Who Stole Indian Studies?" at Arizona State University. The articles add to our knowledge by contributing important discussions addressing such issues as empowerment, law, research ethics, Freedmen entitlements, reproductive rights, spiritual appropriation, and identity. The Consortium transcripts provide invaluable presentations by key native scholars about the past, present, and future of American Indian studies. Dr. David Wilkins provided the keynote address for the conference.

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Agenda: Energy Field Tour 2004, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2004 (August 4-6)

Tour (day trips along the Front Range, originating in Boulder) held August 4-6, 2004.

Summary: Assorted articles, maps, brochures, and other materials prepared for participants of the tour

Contents:

2004 energy field tour agenda -- Mission and vision of the Natural Resources Law Center -- Natural Resources Law Center, University of Colorado School of Law : a brief introduction -- Boulder area street map 4 -- Chatauqua area map -- [Bus] Route 203/225 : Boulder/Lafayette/Baseline -- Boulder-Lafayette via Baseline [bus schedules]

WEDNESDAY, AUGUST 4, 2004: OIL & GAS PRODUCTION FACILITIES AND PLATTEVILLE GAS PROCESSING FACILITY: 'Our next shortage', The Washington …

Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Committee on Resources, dated June 3, 2004, was written to accompany US Senate Bill 1146 which proposed the construction of a rural health care facility on the Fort Berthold Reservation, North Dakota. The estimated cost for construction of said facility is 20 million dollars. This facility is part of a continued attempt by the US government to compensate for loss of property, infrastructure, and way of life for the Mandan, Hidatsa, and Arikara people who were forced off their land on the Fort Berthold Reservation due to the construction of the Garrison …

Slides: Nepa And Adaptive Management, Denise A. Dragoo

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Denise A. Dragoo, Partner, Snell & Wilmer L.L.P., Salt Lake City, UT

22 slides

Slides: Lessons Learned From The Development And Implementation Of An Adaptive Management Plan At Three Hydropower Plants In Northeastern Washington State, Bob Dach

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Bob Dach, Federal Activities Specialist, U.S. Fish and Wildlife Service, Mountain-Prairie Region, Lakewood, CO

11 slides

Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Peter Zimmerman, Canadian Parks and Wilderness Society

19 slides