Open Access. Powered by Scholars. Published by Universities.®

Indigenous, Indian, and Aboriginal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Seattle University School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 421 - 428 of 428

Full-Text Articles in Indigenous, Indian, and Aboriginal Law

The World Is Their Oyster? Interpreting The Scope Of Native American Off-Reservation Shellfish Rights In Washington State, Jason W. Anderson Jan 1999

The World Is Their Oyster? Interpreting The Scope Of Native American Off-Reservation Shellfish Rights In Washington State, Jason W. Anderson

Seattle University Law Review

This Comment explores the shellfish issue in light of the Stevens Treaties and their historical context, the rules of treaty interpretation, the relevant treaty fishing cases, and the recent court decisions on the shellfish issue. Part II.A explores the magnitude of the debate, the historical background of the case, and identifies the parties involved and their diverging interests. Part II.B describes the traditional methods and rules of treaty interpretation and recognizes their application in this case. Part II.C examines the treaty fishing cases that established much of the precedent that governed the shellfish case. Part II.D outlines the relevant holdings …

Go to article

When The Bough Breaks: Federal And Washington State Indian Child Welfare Law And Its Application, Kim Laree Schnuelle Jan 1993

When The Bough Breaks: Federal And Washington State Indian Child Welfare Law And Its Application, Kim Laree Schnuelle

Seattle University Law Review

Although removal of any child from his or her family is traumatic, too frequently Indian child removal has been performed with little prior investigation and with an absence of cultural sensitivity. The resulting inequalities in Indian child foster placement and adoption rates led to a recognition of the need for Indian child welfare reform, both on a federal and state level. This Article provides an overview of Indian child welfare issues and addresses both the evolution and nature of Indian child welfare reform. Initially, this Article discusses the federal Indian Child Welfare Act, including the cultural history behind the Act, …

Go to article

Property Taxation Of Indian Land After County Of Yakima V. Confederated Tribes And Bands Of The Yakima Nation, Robert W. Mcgee Jan 1993

Property Taxation Of Indian Land After County Of Yakima V. Confederated Tribes And Bands Of The Yakima Nation, Robert W. Mcgee

Seattle University Law Review

In 1987, Yakima County, Washington, initiated foreclosure proceedings on properties belonging to the Yakima Indian Nation and its members. The county's foreclosure was precipitated by the property owners' failure to pay past due ad valorem and excise taxes. Despite vigorous arguments by the Yakima Nation, the United States, and the thirty-one Yakima Indian families likely to be rendered homeless by an adverse decision, the United States Supreme Court held in County of Yakima v. Confederated Tribes and Bands of the Yakima Nation, that states have the power to impose ad valorem taxes on reservation land owned in fee by …

Go to article

Two Promises, Two Propositions: The Wheeler-Howard Act As A Reconciliation Of The Indian Law Civil War, Bradley B. Furber Jan 1991

Two Promises, Two Propositions: The Wheeler-Howard Act As A Reconciliation Of The Indian Law Civil War, Bradley B. Furber

Seattle University Law Review

This Article argues that current Supreme Court reasoning concerning the reserved powers of state governments undermines Supreme Court reasoning with respect to the retained powers of tribal governments. This Article also argues that tribal assertions of power over nonmembers constitute "state action" and, as such, should be subject to constitutional due process and equal protection constraints. Third, this Article will apply its thesis by discussing and critiquing a recent Supreme Court decision concerning tribal zoning authority over nonmembers. Fourth, the Article posits an explicit theory concerning tribal governmental powers that is consistent with the legislative history of the Wheeler-Howard Act …

Go to article

Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White Jan 1991

Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White

Seattle University Law Review

The decision in Duro v. Reina needlessly creates a jurisdictional gap over nonmember Indians committing minor crimes against other Indians on reservation land and leaves open the very real possibility that neither the federal nor the state governments will move in to fill that gap. A nonmember offender at the Washington festival would simply walk away. To understand how this jurisdictional gap over nonmember Indians needlessly came about and why neither the federal government nor the state governments will step in to exercise jurisdiction, this Note (1) looks at the complex web of law on criminal jurisdiction over Indians; (2) …

Go to article

Undermining Tribal Land Use Regulatory Authority: Brendale V. Confederated Tribes, Jessica S. Gerrard Jan 1990

Undermining Tribal Land Use Regulatory Authority: Brendale V. Confederated Tribes, Jessica S. Gerrard

Seattle University Law Review

The Allotment Act of 1887 diminished tribal regulatory authority over Indian reservation land use. While the Act provided for alienation of reservation land to non-Indians, it did not terminate the reservation status of alienated land. Hence, a question which repeatedly arises is whether Indians can control land use on non-Indian owned reservation land. This Note traces the historical basis of Indian regulatory authority over non-Indians, examines the Supreme Court's latest decision in Brendale, and then exposes the weaknesses of that decision.

Go to article

Modern Practice In The Indian Courts , Michael Taylor Jan 1987

Modern Practice In The Indian Courts , Michael Taylor

Seattle University Law Review

This Article is intended to provide a basic overview of Indian court jurisdiction and practice for those affected by the National Farmers Union Insurance Company v. Crow Tribe of Indians decision. Part II discusses, in detail, the National Farmers Union Insurance Company v. Crow Tribe of Indians holding. Part III is an overview of the history, structure, and types of Indian courts. Part IV deals with the complexities of jurisdiction, and Part V, constitutional and civil rights issues in Indian courts. Part VI summarizes the basics of Indian court practice and procedure.

Go to article

Pacific Northwest Indian Treaty Fishing Rights, Thomas C. Galligan, Jr., Michael T. Reynvaan Jan 1981

Pacific Northwest Indian Treaty Fishing Rights, Thomas C. Galligan, Jr., Michael T. Reynvaan

Seattle University Law Review

This Comment analyzes and discusses this ongoing controversy, focusing on the treaty Indians' history, the background of the treaty negotiations and signings, the principles of construction governing the interpretation of Indian treaties, and the relevant legal precedents. It attempts to construct a coherent approach to the Washington fishing rights controversy emphasizing that the Washington Indians' paramount purpose in these treaties was maintaining the right to fish. Two lower court cases that successfully took account of the Indians' purpose and meaningfully effectuated that purpose in relation to twentieth century developments are Judge Boldt's decision in United States v. Washington (Boldt) and …

Go to article

First Prev