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University of New Mexico

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Articles 391 - 420 of 562

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

Oglala Lakota Nation Profile, Danielle Her Many Horses Jan 2001

Oglala Lakota Nation Profile, Danielle Her Many Horses

Tribal Law Journal

Oglala Lakota Nation Profile by Danielle Her Many Horses provides an overview of the Oglala Lakota Nation government. This profile contains information on the Oglala Lakota Nation's traditional governance and its contemporary government.

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Recurring Problems In Indian Gaming, Kevin Washburn Jan 2001

Recurring Problems In Indian Gaming, Kevin Washburn

Faculty Scholarship

This essay briefly summarizes the history and legal framework of Indian gaming, describes the recent growth in the industry, and discusses some of the legal controversies that have been repeated across the country as states and tribes adjust to their respective roles in the Indian gaming industry.

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Restoring Harmony Through Nalyeeh: Can The Navajo Common Law Of Torts Be Applied In State And Federal Forums?, J. R. Mueller Jan 2001

Restoring Harmony Through Nalyeeh: Can The Navajo Common Law Of Torts Be Applied In State And Federal Forums?, J. R. Mueller

Tribal Law Journal

Restoring Harmony through Nalyeeh: Can the Navajo Common Law of Torts be Applied in State and Federal Forums? by J. R. Mueller demonstrates "that the Navajo Nation has developed and articulated a modern tort law and doctrine of restitution grounded in Navajo tradition and evolved from ancient custom, similar to the Anglo-American notion of common law." This article also explores whether tribal customary law can be applied in state and federal forums in light of a recent federal case Cheromiah v. United States.

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Pueblo Of Laguna Tribal Government Profile, Kim Coco Iwamoto, Frank Cerno Jr. Jan 2001

Pueblo Of Laguna Tribal Government Profile, Kim Coco Iwamoto, Frank Cerno Jr.

Tribal Law Journal

Pueblo of Laguna Tribal Government Profile by Kim Coco Iwamoto, provides readers with an overview of the Pueblo of Laguna Tribal Government. Iwamoto's profile contains information on the Pueblo's traditional law, governance, dispute resolution, and extratribal law.

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The Status Of Traditional Indian Justice, Agustin Grijalva Jan 2001

The Status Of Traditional Indian Justice, Agustin Grijalva

Tribal Law Journal

The Status of Traditional Indian Justice in Ecuador by Agustin Grijalva discusses constitutional reforms in Ecuador that recognize traditional Indian law and traditional Indian authorities as collective Indian rights. This article explores the historical background of the constitutional reforms, how these reforms might affect the current Ecuadorian judicial system and some potential problems in administering these reforms.

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Cp 87 And Cp 100: Allotment And Fractionation Within The Citizen Potawatomi Nation, Mark Welliver Jan 2001

Cp 87 And Cp 100: Allotment And Fractionation Within The Citizen Potawatomi Nation, Mark Welliver

Tribal Law Journal

CP 87 and CP 100: Allotment and Fractionation Within the Citizen Potawatomi Nation by Mark Welliver illustrates some of the problematic issues faced today by interest owners of Indian allotment land by using his father's interest in allotment land as a "hypothetical," in the context of the Citizen Band Potawatomi's history and removal to Oklahoma. The article also discusses "solutions that are applicable either by the federal government, the tribes, or the individual interest holders."

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2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress Dec 2000

2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Colorado Ute Indian Water Rights Settlement Act Amendments of 2000 in Consolidated Appropriations Act of Dec. 21, 2001 (PL 106-554, Appendix D, Title III, 114 Stat. 2763A-258 ). The timetable set forth in the Settlement Agreement has not been met. The irrigation water provisions cannot be met due to Endangered Species Act, biological opinions and Federal Water Pollution Control Act requirements which reduce the amount that can be drawn from the Animas and La Plata Rivers. The facilities and amount of water must be significantly reduced. To compensate the Tribes, capital costs are waived and funds for natural …

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Ak-Chin Water Use Act Of 1984, 2000 Amendments, United States 106th Congress Oct 2000

Ak-Chin Water Use Act Of 1984, 2000 Amendments, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Technical Amendments of 2000 to Ak-Chin Water Use of 1984 (PL 106-285, 114 Stat. 878) Act amending Ak-Chin Water Use Act of 1984. Act addresses amendments regarding use and leasing of permanent water supply as well as prohibition against permanent alienation of water right. It approves lease and amendment of lease for Del Webb Corporation of Dec. 14, 1996 and Jan. 7, 1999, respectively. Secretary of the Interior is authorized to approve the lease as amended. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-106publ285/pdf/PLAW-106publ285.pdf]

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Irrigation Of Six Middle Rio Grande Pueblos, Office Of The Solicitor Of The Department Of Interior Aug 2000

Irrigation Of Six Middle Rio Grande Pueblos, Office Of The Solicitor Of The Department Of Interior

Law of the Rio Grande

No abstract provided.

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Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress Aug 2000

Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement, PL 106-263, 114 Stat. 737 ( Aug. 18, 2000) Parties: US, City of St. George, & Shivwits Band of the Paiute Indian Tribe of Utah. (Not other Bands of Ut Paiute Tribe) The Act provides for St. George (Utah) Water Reuse to divert and transport water for use by City of St. George and the Shivwits Band (2K acre-feet annually). St. George and the Band ($15M) will pay for the project. The Santa Clara Project will deliver 1,900 acre-feet annually to the Band. This project will …

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Tribal Law As Indigenous Social Reality And Separate Consciousness [Re]Incorporating Customs And Traditions Into Tribal Law, Christine Zuni Cruz Jan 2000

Tribal Law As Indigenous Social Reality And Separate Consciousness [Re]Incorporating Customs And Traditions Into Tribal Law, Christine Zuni Cruz

Tribal Law Journal

Tribal Law as Indigenous Social Reality and Separate Consciousness-[Re]Incorporating Customs and Traditions into Tribal Law by Christine Zuni Cruz explores the reflection of traditional legal concepts and values in enacted laws of indigenous nations. The premise of this article is that "an indigenous nation's sovereignty is strengthened if its law is based upon its own internalized values and norms." Zuni-Cruz's article questions the impact of enacted western laws on indigenous communities' people and culture.

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Means V. District Court Of The Chinle Judicial District And The Hadane Doctrine In Navajo Criminal Law, Paul Spruhan Jan 2000

Means V. District Court Of The Chinle Judicial District And The Hadane Doctrine In Navajo Criminal Law, Paul Spruhan

Tribal Law Journal

This case note analyzes the Navajo Nation's application of traditional law concepts in order to find criminal jurisdiction to prosecute a non-member Indian in Means v. District Court. The author examines this use in light of the Supreme Court's decision in Duro v. Reina.

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Troublesome Aspects Of Western Influences On Tribal Justice Systems And Laws, Alex Tallchief Skibine Jan 2000

Troublesome Aspects Of Western Influences On Tribal Justice Systems And Laws, Alex Tallchief Skibine

Tribal Law Journal

Troublesome Aspects of Western Influences on Tribal Justice Systems and Laws by Alex Tallchief Skibine provides readers with an overview of the colonial process by which tribal written law resembles the legal structures of the states and the federal government. Skibine's article highlights why and how tribal court systems have been influenced by western law, as well as the problems associated with the integration of tribal justice systems into the U.S. political system.

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Introduction To New Mexico Tribal Court Handbook, Tribal Law Journal Staff Jan 2000

Introduction To New Mexico Tribal Court Handbook, Tribal Law Journal Staff

Tribal Law Journal

These handbooks are intended to help attorneys and advocates become more aware of the various individual tribal court systems and their rules and protocol.

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Chippewa-Cree Tribe Of The Rocky Boy Reservation Indian Reserved Water Rights Settlement And Water Supply Enhancement Act Of 1999, United States 106th Congress Dec 1999

Chippewa-Cree Tribe Of The Rocky Boy Reservation Indian Reserved Water Rights Settlement And Water Supply Enhancement Act Of 1999, United States 106th Congress

Native American Water Rights Settlement Project

Federal legislation: Chippewa-Cree Tribe of the Rocky Boy Reservation Indian Reserved Water Rights Settlement and Water Supply Enhancement Act of 1999 (PL 106–163, 113 Stat. 1778) Act approves and ratifies the Water Rights Compact entered into on April 14, 1997, by the Tribe and MT, as modified by this Act. Directs the Secretary of the Interior to execute and implement the Compact. Requires the US, the Tribe, or MT to petition the MT Water Court to enter and approve the proposed decree. Provides an expiration date; a tribal water code. Satisfies any entitlement to Federal Indian reserved water of any …

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Sanctioning A Tyranny: The Diminishment Of Ex Parte Young, Expansion Of Hans Immunity, And Denial Of Indian Rights In Coeur D'Alene Tribe, John P. Lavelle Oct 1999

Sanctioning A Tyranny: The Diminishment Of Ex Parte Young, Expansion Of Hans Immunity, And Denial Of Indian Rights In Coeur D'Alene Tribe, John P. Lavelle

Faculty Scholarship

This Article analyzes a recent decision of the Supreme Court that illustrates the enormous destructive power of the Rehnquist Court's peculiar brand of anti-tribal activism, Idaho v. Coeur d'Alene Tribe. Coeur d'Alene Tribe is likely to heighten the urgency with which Eleventh Amendment scholars have called for an overruling of Hans to ameliorate the damage that Hans and its progeny already have done to the regime of federally protected rights under the Constitution, laws and treaties of the United States-a regime at the core of the Framers' vision of paramount federal law and essential to securing true liberty for all …

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Docket As Of July 14, 1999--Pueblo Of Sandia V. Babbitt, Et Al, United States District Court District Of Columbia Jul 1999

Docket As Of July 14, 1999--Pueblo Of Sandia V. Babbitt, Et Al, United States District Court District Of Columbia

Sandia Pueblo Mountain Claim

No abstract provided.

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Crow Tribe, Montana & Us Compact Of 1999, Montana Jun 1999

Crow Tribe, Montana & Us Compact Of 1999, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: Water Rights Compact Entered into by the State of Montana, the Crow Tribe and the USA (Jun. 22, 1999). (Mont. Code Ann. Sec. 85-20-901) There is no separate Settlement Agreememt. The State Legislation ratifies settlement of Crow water rights. Includes 500,000 a/f/y from Bighorn River, priority of May 7, 1868; 300,000 a/f/y from Bighorn Lake storage but limited to half that amount during low periods. A stream and lake-level management plan to be developed for the Bighorn River. Tribe has surface, GW and storage rights within the Little Bighorn River, Pryor Creek, and Rosebud Creek (to …

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The General Allotment Act "Eligibility" Hoax: Distortions Of Law, Policy, And History In Derogation Of Indian Tribes, John P. Lavelle Apr 1999

The General Allotment Act "Eligibility" Hoax: Distortions Of Law, Policy, And History In Derogation Of Indian Tribes, John P. Lavelle

Faculty Scholarship

A review of the essay, "Federal Indian Identification Policy: A Usurption of Indigenous Sovereignty in Native North America," in the collection of essays, The State of Native America, by M. Annette Jaimes.

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San Carlos Apache Tribe Water Rights Settlement Agreement Of 1999, San Carlos Apache Tribe Et Al Mar 1999

San Carlos Apache Tribe Water Rights Settlement Agreement Of 1999, San Carlos Apache Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: San Carlos Apache Tribe Water Rights Settlement Agreement (Mar. 30, 1999) Parties: San Carlos Apache Tribe, US, AZ, Salt River Project Agricultural Improvement & Power District, Salt River Valley Water Users Assn., Roosevelt Water Conservation District, Buckeye Irrigation District, Buckeye Water Conservation and Drainage District, Tempe, Chandler, Mesa, Glendale, Scottsdale, Gilbert and Central AZ Water Conservation District. This Settlement Agreement resolves the water rights as between these parties in the Gila Water Rights Adjudication of AZ. Other claims remain to be resolved. Neighboring non-Indian communities will relinquish to approximately 58,735 a/f of surface water to the Tribe, provide …

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[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz Jan 1999

[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz

Faculty Scholarship

The idea of professional success,especially in the elite legal profession, as being closely linked to community or having corresponding value to the community has directly affected my view of individual lawyering. Excerpts reprinted in: Social Justice: Professionals, Communities and Law, 11 (Mahoney, Calmore, Wildman, eds., 2003); Lawyers Ethics and The Pursuit of Social Justice and Ethics 201 (Susan D. Carle, ed., 2005); Clinical Anthology, Readings for Live-Client Clinics, (2d Ed., A.J. Hurder, et al., eds., 2011).

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Memorandum--The Story, Kyle Harwood Nov 1998

Memorandum--The Story, Kyle Harwood

Sandia Pueblo Mountain Claim

This story was prepared for a verbal presentation of the issues regarding the Sandia Mountain Land Claim. It provides a brief chronological overview of the Sandia Mountain Land Claim.

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Federal Appellants' Report Certifying That All Necessary Transcripts Have Been Completed, Marta Hoilman Oct 1998

Federal Appellants' Report Certifying That All Necessary Transcripts Have Been Completed, Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.

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Federal Appellants' Statement Of Issues To Be Raised On Appeal, Marta Hoilman Oct 1998

Federal Appellants' Statement Of Issues To Be Raised On Appeal, Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.

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Joint Motion To Hold Consolidated Appeals In Abeyance Pending Settlement Negotiations, Marta Hoilman, Thomas R. Bartman Oct 1998

Joint Motion To Hold Consolidated Appeals In Abeyance Pending Settlement Negotiations, Marta Hoilman, Thomas R. Bartman

Sandia Pueblo Mountain Claim

No abstract provided.

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Federal Appellants' Certificate As To Parties, Rulings, And Related Cases, Marta Hoilman Oct 1998

Federal Appellants' Certificate As To Parties, Rulings, And Related Cases, Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.

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Docketing Statement (Federal), Marta Hoilman Oct 1998

Docketing Statement (Federal), Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.

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Certificate Of Service (Federal Appellants'), Marta Hoilman Oct 1998

Certificate Of Service (Federal Appellants'), Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.

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Statement That Deferred Appendix Will Be Utilized, Marta Hoilman Oct 1998

Statement That Deferred Appendix Will Be Utilized, Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.

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Appellee Pueblo Of Sandia Local Rule 28(A)(1) Certificate, Peter T. Grossi Jr., James M. Rosenthal Oct 1998

Appellee Pueblo Of Sandia Local Rule 28(A)(1) Certificate, Peter T. Grossi Jr., James M. Rosenthal

Sandia Pueblo Mountain Claim

No abstract provided.

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