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Articles 301 - 330 of 562

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

Testimony On Law Enforcement In Indian Country Before The United States Senate Committee On Indian Affairs, 110th Congress, 1st Session, Kevin Washburn Jun 2007

Testimony On Law Enforcement In Indian Country Before The United States Senate Committee On Indian Affairs, 110th Congress, 1st Session, Kevin Washburn

Faculty Scholarship

Public safety and criminal justice on Indian reservations are better served when Indian tribes play a central role in these functions. Most of the successes of law enforcement in Indian country have involved careful cooperation and coordination between law enforcement agencies of different sovereigns. Even informal cooperation can be highly effective in improving public safety. Lack of cooperation undermines public safety.

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Model Interstate Water Compact, Ken Knox Jun 2007

Model Interstate Water Compact, Ken Knox

Publications

No abstract provided.

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Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico Jun 2007

Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico

Publications

No abstract provided.

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Shoshone-Bannock Tribal Water Resource Code (2007), Shoshone-Bannock Tribes May 2007

Shoshone-Bannock Tribal Water Resource Code (2007), Shoshone-Bannock Tribes

Native American Water Rights Settlement Project

Tribal Water Code: 2007 Shoshone-Bannock Tribal Water Resource Code (WATR-07-S1 (2007). This Code establishes the Tribal Water Resources Commission and the Tribal Water Resources Dept; provides water allocation guidelines; structures a license and permitting system; determines effects of non-use and attempted adverse possession; provides penalties and enforcement; and sets up hearings and appeals. [Source: http://www.shoshonebannocktribes.com/elements/documents/water/2007-Sec-Int-Water-Code.pdf]

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Indian Law On State Bar Exams: A Situational Report, Gloria Valencia-Weber Mar 2007

Indian Law On State Bar Exams: A Situational Report, Gloria Valencia-Weber

Faculty Scholarship

No abstract provided.

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Consent Decree Approving Entry Of Partial Final Decrees Determining The Rights Of The Us As Trustee For The Benefit Of The Nez Perce Tribe & The Nez Perce Tribe To The Use Of Water In The Snake River Basin Within Idaho And The Partial Final Decrees Determining Minimum Stream Flow Water Rights Held By The Idaho Water Resources Board, District Court Of The Fifth Judicial District Of The State Of Idaho In And For The County Of Twin Falls Jan 2007

Consent Decree Approving Entry Of Partial Final Decrees Determining The Rights Of The Us As Trustee For The Benefit Of The Nez Perce Tribe & The Nez Perce Tribe To The Use Of Water In The Snake River Basin Within Idaho And The Partial Final Decrees Determining Minimum Stream Flow Water Rights Held By The Idaho Water Resources Board, District Court Of The Fifth Judicial District Of The State Of Idaho In And For The County Of Twin Falls

Native American Water Rights Settlement Project

Post-settlement court orders/decree. Parties: Nez Perce Tribe, ID, Idaho, US, United States, Non-Indian Water Users listed in Attachment 1. Decree incorporates Special Master’s Term Sheet and partial final decrees for federal reserved water rights held by the US as trustee for the Tribe, for multiple use and for springs or fountains as well as state minimum stream flow water rights held by Idaho Water Resources Board. All Nez Perce claims and US claims for the Tribe which not found in the partial final decrees are dismissed with prejudice. Decrees were entered in compliance with Sec. 42-1411 A, Id. Code. The …

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Order Granting Joint Motion For Approval And Entry Of Consent Decree Approving Entry Of Final Decrees Determining The Rights Of The United States As Trustee For The Benefit Of The Nez Perce Tribe To The Use Of Water In The Snake River Basin Within Idaho And Partial Final Decrees Determining Minimum Stream Flow Water Rights Held By The Idaho Water Resource Board, District Court Of The Fifth Judicial District Of The State Of Idaho In And For The County Of Twin Falls Jan 2007

Order Granting Joint Motion For Approval And Entry Of Consent Decree Approving Entry Of Final Decrees Determining The Rights Of The United States As Trustee For The Benefit Of The Nez Perce Tribe To The Use Of Water In The Snake River Basin Within Idaho And Partial Final Decrees Determining Minimum Stream Flow Water Rights Held By The Idaho Water Resource Board, District Court Of The Fifth Judicial District Of The State Of Idaho In And For The County Of Twin Falls

Native American Water Rights Settlement Project

Court Document: Consent Decree Approving Entry of Partial Final Decrees Determining the Rights of the US as Trustee for the Benefit of the Nez Perce Tribe & the Nez Perce Tribe to the Use of Water in the Snake River Basin within Idaho and the Partial Final Decrees Determining Minimum Stream Flow Water Rights Held by the Idaho Water Resources Board. Covers off-reservation instream flow claims, springs and fountains claims, multiple-use claims and Idaho Water Resource Board Claims, and includes standard of review. Order: dismisses objections by DeVeny; grants Joint Motion for approval and entry of Final Decrees and disallows …

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Public Safety And Criminal Jurisdiction, Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Kevin Washburn Jan 2007

Public Safety And Criminal Jurisdiction, Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Kevin Washburn

Faculty Scholarship

No abstract provided.

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Taking Voting Rights Seriously: Race And The Integrity Of Democracy In America, Aliza Organick Jan 2007

Taking Voting Rights Seriously: Race And The Integrity Of Democracy In America, Aliza Organick

Faculty Scholarship

This article demonstrates that secure and reliable elections are easily achievable in the United States - if those with economic and political power so desired. Given the costs implicit in continued clouds of legitimacy over those currently governing this nation, one would therefore expect strong and decisive action to remedy once and for all race-based electioneering games and faulty voting machinery. The thesis of this article, however, is that this is very unlikely to occur; rather, those with power seem to be exercising an option to use race instrumentally to foil the democratic process and to enhance their electoral interests. …

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Felix Cohen, Anti-Semitism And American Indian Law. Book Review Of Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism By Dalia Tsuk Mitchell, Kevin Washburn Jan 2007

Felix Cohen, Anti-Semitism And American Indian Law. Book Review Of Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism By Dalia Tsuk Mitchell, Kevin Washburn

Faculty Scholarship

Felix Cohen and his work and legacy are discussed in several new books, including an important intellectual biography of Cohen by Dalia Tsuk Mitchell. Using the Mitchell biography as a starting point, this essay discusses an important episode in Cohen's life, involving apparent anti-Semitism at the Department of Justice. Because the episode is not fully explored in this otherwise excellent biography, Cohen and his motivations in Indian law remain a mystery in some respects. The essay also discusses some of the paradoxes of Cohen's key involvement in federal Indian policy and the contemporary importance of some of his legacies in …

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Joe Stell's Life, Career, & Contributions, Susan Kelly Jan 2007

Joe Stell's Life, Career, & Contributions, Susan Kelly

Water Matters!

Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …

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Shoshone-Paiute Tribes Decree For Water In Snake River Basin In Idaho, Fifth Judicial District Court, Twin Falls County, Idaho Dec 2006

Shoshone-Paiute Tribes Decree For Water In Snake River Basin In Idaho, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Revised Consent Decree: Parties: Shoshone-Paiute Tribes, Idaho, United States, J.R. Simplot Company, Riddle Ranches. Duck Valley Reservation Contents: 1. Procedural History, Offer of Judgment. p.1; 2. Entry of Partial Final Decrees for Federal Reserved Water Rights. p.2; 3. Remaining Water Right Claims Disallowed, p.3; 4. Withdrawal of United States’ Objections to Riddle Ranch p.3; 5. Administration of Water Rights including tribal water code, p.3; 6. Waivers and Releases p.3; 7. No Establishment of Precedent, p.4; 8. Resolution and Finality, p.5; 9. Costs and Fees, p. 5; Attachment A, Consumptive Claim Numbers & Non-Consumptive, Instream Flow Claim Number p. …

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Fort Mcdowell Indian Community Water Rights Settlement Revision Act Of 2006, United States 109th Congress Nov 2006

Fort Mcdowell Indian Community Water Rights Settlement Revision Act Of 2006, United States 109th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement Revision Act of 2006 (PL 109-373, 120 Stat. 2650) This Act cancels the repayment obligation of the tribe under PL 101-628 and relieves the DOI secretary of its obligation to obtain mitigation property or develop additional farm acreage under the Act. [Source: http://www.gpo.gov/fdsys/pkg/STATUTE-120/pdf/STATUTE-120-Pg2650.pdf]

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Public Safety And Criminal Justice, Kevin Washburn Nov 2006

Public Safety And Criminal Justice, Kevin Washburn

Faculty Scholarship

Conference Transcript from The New Realism: The Next Generation of Scholarship in Federal Indian Law

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Water Forum 2006, Susan Kelly Oct 2006

Water Forum 2006, Susan Kelly

Publications

No abstract provided.

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Amendment No. 1 To The Amended And Restated Gila River Indian Community Water Rights Settlement Agreement (2006), Gila River Indian Community, Et Al Sep 2006

Amendment No. 1 To The Amended And Restated Gila River Indian Community Water Rights Settlement Agreement (2006), Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

No abstract provided.

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Soboba Band Of Luiseño Indians Settlement Agreement, Soboba Band Of Luiseño Indians Et Al Jun 2006

Soboba Band Of Luiseño Indians Settlement Agreement, Soboba Band Of Luiseño Indians Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Soboba Band of Luiseño Indians Settlement Agreement of June 7, 2006, (final signatures Oct. 18, 2008) Parties: Soboba Band of Luiseño Indians, US, Eastern Municipal Water District, Lake Hemet Municipal Water District and Metropolitan Water District of Southern California. The Tribe is entitled to 9K acre-feet annually (afy) as a prior and paramount right. The districts agree to supply the Tribe water to the extent that it is not able to produce that amount. However, the Tribe agrees to limit its exercise of the right to 4,100 afy for 50 years. The Tribe may use water made available …

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Testimony On The Regulation Of Indian Gaming, Oversight Hearing On The [Nigc] Minimum Internal Control Standards, Before The United States House Of Representatives, Committee On Resources, 109th Congress, 2nd Session, Kevin Washburn May 2006

Testimony On The Regulation Of Indian Gaming, Oversight Hearing On The [Nigc] Minimum Internal Control Standards, Before The United States House Of Representatives, Committee On Resources, 109th Congress, 2nd Session, Kevin Washburn

Faculty Scholarship

State governments have an inherent conflict of interest in the regulation of Indian gaming. Strict regulation of Indian gaming can be good for the long term health of the industry, but may impact short term revenues. States have a strong short term interest in maximizing gaming revenue. Tribal governments should bear the primary responsibility for regulating Indian gaming. However, tribal regulators also have a weakness, namely, a myopia to the interests of other tribes and the national interests of the Indian gaming industry. Federal regulators can best protect the integrity of the industry nationally and ought to have a strong …

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Active Water Resource Management: Tools For Better Water Management, John D'Antonio May 2006

Active Water Resource Management: Tools For Better Water Management, John D'Antonio

Publications

No abstract provided.

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Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack May 2006

Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack

Publications

No abstract provided.

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Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary May 2006

Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary

Publications

No abstract provided.

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Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John P. Lavelle May 2006

Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John P. Lavelle

Faculty Scholarship

The most dramatic development in the field of Indian law during the years between publication of the 1982 and 2005 editions of Cohen's Handbook of Federal Indian Law has been the Supreme Court's reliance on a judicially devised theory for denying the inherent sovereign governing authority of Indian nations in cases where Congress has not acted to divest tribes of this authority. The executive committee of the board of authors and editors for the 2005 revision of Cohen's Handbook recognized the importance of discussing this recent line of cases in-depth and entrusted me with the task of preparing the draft. …

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Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress Jan 2006

Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fallon Paiute Shoshone Tribes Settlement Act of 2006 in Native American Technical Corrections Act of 2006 (PL 109-221, Sec. 104, 120 Stat. 336) This Act amends Sec. 102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990. The amendment concerns restructuring of management of Fallon Paiute Shoshone Tribes Settlement Fund. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-109publ221/pdf/PLAW-109publ221.pdf]

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Federal Criminal Law And Tribal Self-Determination, Kevin Washburn Jan 2006

Federal Criminal Law And Tribal Self-Determination, Kevin Washburn

Faculty Scholarship

Under the rubric of "tribal self-determination," federal policymakers have shifted federal governmental power and control to tribal governments in nearly all areas of Indian policy. Normatively, this shift reflects an enlightened view about the role of Indian tribes in Indian policy. As a practical matter, it has also improved services to Indians on reservations by placing functions with tribal service providers who are more knowledgeable and more accountable than their federal counterparts. Despite broad adoption of self-determination as the dominant federal policy, felony criminal justice on Indian reservations has remained an exclusive federal function, and a highly ineffective enterprise, according …

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Tribal Self-Determination At The Crossroads, Kevin Washburn Jan 2006

Tribal Self-Determination At The Crossroads, Kevin Washburn

Faculty Scholarship

The tribal self-determination initiative that began transforming federal Indian policy thirty years ago has reached a crossroads. Despite its transformative effects on tribal governments and the widespread belief that self-determination has been a successful federal approach to Indian affairs, no significant new self-determination program has been initiated at the congressional level in several years. This Article looks to the tribal self-determination initiative's past to gain insights about its future. It also briefly surveys existing tribal self-determination programs and concludes that far more work needs to be done to achieve tribal self-determination. Drawing on the author's broader work, it finds one …

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An Environmental Pool For The Rio Grande, Kara Gillon Jan 2006

An Environmental Pool For The Rio Grande, Kara Gillon

Publications

The Bureau of Reclamation and Corps of Engineers operate a series of dams, reservoirs, and levees along the Middle Rio Grande of New Mexico. The plight of the Rio Grande silvery minnow, an endangered species, and of the river itself demonstrates the need for a change from the emphasis on water development to sustainable river management. Conservation groups invoked the protections of the Endangered Species Act to catalyze this change. Recognizing that flexibility is necessary to meeting competing water needs, the groups also promoted the need for and several approaches to a sustainable and long-term approach to river management and …

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Creating A Tribal Law Practice Clinic In Kansas: Carving The Peg To Fit The Hole, Aliza Organick Jan 2006

Creating A Tribal Law Practice Clinic In Kansas: Carving The Peg To Fit The Hole, Aliza Organick

Faculty Scholarship

This article will focus on three main challenges in creating a tribal court practice clinic. The first part will address creating a tribal court focus within an existing clinic curriculum. The second part will address the process of designing a curriculum for the TCPC that includes incorporating the basic doctrinal foundations of federal Indian law, as well as the clinical skills necessary to practice in a tribal court setting. The third part will offer some concluding thoughts on my long-term plans and dreams for TCPC.

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A Legal History Of Blood Quantum In Federal Indian Law To 1935, Paul Spruhan Jan 2006

A Legal History Of Blood Quantum In Federal Indian Law To 1935, Paul Spruhan

Faculty Scholarship

The concept of blood quantum confronts anyone interested in American Indian identity in the United States. Both for federal recognition as an “Indian” and for membership in a tribal nation, a person generally must possess a threshold amount of Indian or tribal “blood,” expressed as one-half, one-quarter, or some other fractional amount. In this context, blood is a metaphor for ancestry, as the amount of Indian blood depends on the status of a person’s lineal ancestors. For instance, a person with one Indian parent and one non-Indian parent has one-half Indian blood, while a person with one Indian grandparent and …

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When The State Bar Exam Embraces Indian Law: Teaching Experiences And Observations, Gloria Valencia-Weber, Sherri Nicole Thomas Jan 2006

When The State Bar Exam Embraces Indian Law: Teaching Experiences And Observations, Gloria Valencia-Weber, Sherri Nicole Thomas

Faculty Scholarship

In 2002, New Mexico became the first state to place Indian law on the state bar exam. This decision made basic knowledge of Indian law part of the competency expected of all licensed attorneys. This result arose from the University of New Mexico School of Law's (UNM) significant role as the only law school in the state. In combination with the social and political history of the state these elements produced this historic result. This paper outlines the history of Indian law at UNM and discusses the formal process that placed Indian law on the state's bar exam. The discussion …

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Indian As Race/Indian As Political Status: Implementation Of The Half-Blood Requirement Under The Indian Reorganization Act, 1934-1945, Paul Spruhan Jan 2006

Indian As Race/Indian As Political Status: Implementation Of The Half-Blood Requirement Under The Indian Reorganization Act, 1934-1945, Paul Spruhan

Faculty Scholarship

This article discusses the implementation of the half-blood provision by the central office of the Bureau of Indian Affairs (BIA) under the administration of Commissioner of Indian Affairs John Collier. Through archival documents, the article reveals that the lawyers and administrators within the BIA were aware of the conceptual and practical problems of defining Indian status solely by blood quantum, and inconsistently applied social and cultural definitions alongside the biological one to implement the criterion. Therefore, despite the statute's clear biological definition, administrative application of the definition incorporated both biological and non-biological elements. Such incorporation complicates attempts to label the …

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