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Articles 121 - 148 of 148
Full-Text Articles in Indigenous, Indian, and Aboriginal Law
Water Quality Regulation, Joanne Hilton, Susan Kelly, James Hogan, Kimberly Kirby, Jerry Schoeppner
Water Quality Regulation, Joanne Hilton, Susan Kelly, James Hogan, Kimberly Kirby, Jerry Schoeppner
Water Matters!
While many of the water issues in New Mexico center around having an adequate supply of water, the quality of the water is just as important as the quantity in supplying water for drinking and other uses that rely on clean water. Protecting water quality is financially more feasible than conducting expensive cleanup programs. New Mexico has a strong interest in water quality regulation to protect public health and the environment and to minimize expenditures for mitigation of contaminated supplies. Water quality is a difficult subject to navigate; there is a complex web of statutes and agency involvement. This paper …
Water Litigation In The Lower Rio Grande, Darcy S. Bushnell
Water Litigation In The Lower Rio Grande, Darcy S. Bushnell
Water Matters!
The water allocation issues are hotly contested in south-central New Mexico and the surrounding area. Today, the river and those who depend on it face more administrative challenges in the face of shrinking water supplies and increased population. These challenges have given rise to two ongoing lawsuits: the Lower Rio Grande Adjudication,New Mexico v. EBID, et al., 96-CV-888 (1996) (N.M. v. EBID) in the New Mexico Third Judicial District Court (adjudication court) and the New Mexico v. United States,et al., D.N.M. 11-CV-691 (2011) (N.M. v.U.S.) in United States District Court of New Mexico (U.S. District Court).
Eastern New Mexico Rural Water System (Ute Pipeline Project), Jerold Widdison, Paul Van Gulick, Darcy S. Bushnell
Eastern New Mexico Rural Water System (Ute Pipeline Project), Jerold Widdison, Paul Van Gulick, Darcy S. Bushnell
Water Matters!
The Ute Pipeline Project (Project), officially known as the Eastern New Mexico Rural Water System (ENMRWS),is a 151-mile-long pipeline project to provide a sustainable municipal and industrial water supply for several eastern New Mexico communities and a military base. The Congress authorized major federal funding for the Ute Pipeline in the Omnibus Public Land Management Act of 2009. This important milestone for the project was reached after about 45 years of effort.Attention now shifts to myriad details involved in actually constructing, financing,and administering the project.
The Rio Grande As An International River, Margaret J. Vick
The Rio Grande As An International River, Margaret J. Vick
Water Matters!
The Rio Grande is divided into two major river reaches and has different legal regimes for each. New Mexico is primarily concerned with the Rio Grande from the headwaters in Colorado to Ft. Quitman in Texas, a distance of approximately 670 miles. This section of the river is the subject of the1906 Rio Grande Convention (Treaty) between the United States and Mexico. The lower section of the Rio Grande from Ft. Quitman to the Gulf of Mexico is the subject of the 1944 Rivers Treaty between the United States and Mexico; the 1944 Rivers Treaty also includes the Colorado and …
Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton
Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton
Cornell Law Faculty Publications
International lawyers are familiar with the concept of extraterritoriality the application of one country's laws to persons, conduct, or relationships outside of that country. Yet the transborder application of law is not limited to international cases. In many states, the presence of indigenous peoples, often within defined borders, creates an analogous puzzle. This Article begins a comparative study of foreign- and native-affairs law by examining the application of domestic laws to foreign facts ("extraterritoriality") and to indigenous peoples, often called "nations" ("extranationality"). Using a distinctive double-comparative perspective, this Article analyzes extraterritoriality and extranationality across three countries: the United States, Canada, …
A Most Grievous Display Of Behavior: Self-Decimation In Indian Country, David E. Wilkins
A Most Grievous Display Of Behavior: Self-Decimation In Indian Country, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
Vine Deloria, Jr., the greatest indigenous philosopher of his day, wrote Custer Died for Your Sins: An Indian Manifesto in 1969. It was a spirited polemic that both galvanized and inspired Native peoples at home and abroad. Simultaneously, the book's powerful and trenchant words sent shock waves through non-Indian society. Deloria articulated a resurgent indigenous-centered understanding of sovereignty that had largely been suppressed by federal policy and law for nearly a century. Why did he emphasize the word "sovereignty"? Because he knew that Native nations needed to employ such concepts since they were familiar to both federal and state …
Conference Transcript: Heeding Frickey's Call: Doing Justice In Indian Country
Conference Transcript: Heeding Frickey's Call: Doing Justice In Indian Country
American Indian Law Review
No abstract provided.
Unmasking Tonto: Can Title Vii "Make It" In Hollywood, Megan Basham
Unmasking Tonto: Can Title Vii "Make It" In Hollywood, Megan Basham
American Indian Law Review
No abstract provided.
A Guide To The Model Tribal Secured Transactions Act For Those Familiar With The Uniform Commercial Code, Elaine A. Welle
A Guide To The Model Tribal Secured Transactions Act For Those Familiar With The Uniform Commercial Code, Elaine A. Welle
American Indian Law Review
No abstract provided.
Policies Of Inequity--A World Apart: A Comparison Of The Policies Toward Indigenous Peoples Of A Post-Colonial Developing Nation To Those Of A Post-Industrial Developed Nation, Caitlain Devereaux Lewis
Policies Of Inequity--A World Apart: A Comparison Of The Policies Toward Indigenous Peoples Of A Post-Colonial Developing Nation To Those Of A Post-Industrial Developed Nation, Caitlain Devereaux Lewis
American Indian Law Review
No abstract provided.
Federal Labor Law And The Mashantucket Pequot: Union Organizing At Foxwoods Casino, Derek Ghan
Federal Labor Law And The Mashantucket Pequot: Union Organizing At Foxwoods Casino, Derek Ghan
American Indian Law Review
No abstract provided.
May I See Your Id? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right To Vote, Sally Harrison
May I See Your Id? How Voter Identification Laws Disenfranchise Native Americans' Fundamental Right To Vote, Sally Harrison
American Indian Law Review
No abstract provided.
Cobell Settlement Finalized After Years Of Litigation: Victory At Last?, Brooke Campbell
Cobell Settlement Finalized After Years Of Litigation: Victory At Last?, Brooke Campbell
American Indian Law Review
No abstract provided.
The Indian States Of America: Parallel Universes & Overlapping Sovereignty, Joseph William Singer
The Indian States Of America: Parallel Universes & Overlapping Sovereignty, Joseph William Singer
American Indian Law Review
No abstract provided.
The Leonard Peltier Case: An Argument In Support Of Executive Clemency Based On Norms Of International Human Rights, Joseph Ezzo
The Leonard Peltier Case: An Argument In Support Of Executive Clemency Based On Norms Of International Human Rights, Joseph Ezzo
American Indian Law Review
No abstract provided.
State V. Jim: A New Era In Washington's Treatment Of The Tribes?, Matthew Deisen
State V. Jim: A New Era In Washington's Treatment Of The Tribes?, Matthew Deisen
American Indian Law Review
No abstract provided.
Off The Beaten Path? The Ninth Circuit's Approach To Tribal Courts' Civil Jurisdiction Over Nonmember Defendants, Jacob R. Masters
Off The Beaten Path? The Ninth Circuit's Approach To Tribal Courts' Civil Jurisdiction Over Nonmember Defendants, Jacob R. Masters
American Indian Law Review
No abstract provided.
Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill
Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill
American Indian Law Review
No abstract provided.
Progress In Self-Determination: Navigating Funding For Isda Contracts After Salazar V. Ramah Navajo Chapter, Steven L. Mangold
Progress In Self-Determination: Navigating Funding For Isda Contracts After Salazar V. Ramah Navajo Chapter, Steven L. Mangold
American Indian Law Review
No abstract provided.
Identity On Trial: The Gabrielino Tongva Quest For Federal Recognition, Alice Mirlesse
Identity On Trial: The Gabrielino Tongva Quest For Federal Recognition, Alice Mirlesse
Pomona Senior Theses
In this paper, the author looks at the impact of the policy of federal recognition on a Los Angeles basin Native community: the Gabrielino Tongva. The first section, the literature review focuses on the difficulties of defining “indigenousness” in the academic and political realms, as well as looking at Native scholars’ conceptualization of this unique and multifaceted identity. After a consideration of the theoretical framework of the study, the crossroads between anthropology and public policy analysis, the author presents the tools she used in her study, namely: participant observation, key-informant interviews, and the analysis of published documents and personal files. …
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Seattle University Law Review Online
No abstract provided.
[Introduction To] The Navajo Political Experience, David E. Wilkins
[Introduction To] The Navajo Political Experience, David E. Wilkins
Bookshelf
Native nations, like the Navajo nation, have proven to be remarkably adept at retaining and exercising ever-increasing amounts of self-determination even when faced with powerful external constraints and limited resources. Now in this fourth edition of David E. Wilkins' The Navajo Political Experience, political developments of the last decade are discussed and analyzed comprehensively, and with as much accessibility as thoroughness and detail. The Diné people and their governing leaders have recently experienced a host of events that dramatically affected the shape of the nation—a plethora of effective grassroots organizations that had a profound impact on the structure of …
La Verdad, El Poder, Y La Liberacion, Christine Zuni Cruz
La Verdad, El Poder, Y La Liberacion, Christine Zuni Cruz
Faculty Scholarship
A Reflection on Margaret Montoya, Mascaras, Trenzas, y Grenas: Un/Masking the Self While Un/Braiding Latina Stories and Legal Discourse, 17 HARV. WOMENS L. J. 185 (1994), 15 CHICANO-LATINO L. REV. 1 (1994)' Professor Margaret Montoyas Mascaras, Trenzas y Grenas: Un/Masking The Self While Unbraiding Latina Stories and Legal Discourse1 was published during the first year of my entry into the legal academy as a visiting professor. This reflection on her influential article addresses three of the major themes that resonate most strongly for me. The first is the assimilative pull of the legal academic institution, the second is the power …
Lawyering For Groups: The Case Of American Indian Tribal Attorneys, Kristen A. Carpenter, Eli Wald
Lawyering For Groups: The Case Of American Indian Tribal Attorneys, Kristen A. Carpenter, Eli Wald
Publications
Lawyering for groups, broadly defined as the legal representation of a client who is not an individual, is a significant and booming phenomenon. Encompassing the representation of governments, corporations, institutions, peoples, classes, communities, and causes, lawyering for groups is what many, if not most, lawyers do. And yet, the dominant theory of law practice--the Standard Conception, with its principles of zealous advocacy, nonaccountability, and professional role-based morality--and the rules of professional conduct that codify it, continue to be premised on the basic antiquated assumption that the paradigmatic client-attorney relationship is between an individual client and an individual attorney. The result …
Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson
Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson
Publications
No abstract provided.
Settler Colonialism And Reclamation: Where American Indian Law And Natural Resources Law Meet, Sarah Krakoff
Settler Colonialism And Reclamation: Where American Indian Law And Natural Resources Law Meet, Sarah Krakoff
Publications
Three hours west of Phoenix, Arizona, the Colorado River Indian Tribes (“CRIT”), a federally recognized tribe that includes over 3,700 enrolled members of Mohave, Chemehuevi, Navajo, and Hopi descent, occupies a reservation nearly 300,000 acres in size. The CRIT was one of five tribes to have its water rights confirmed in the landmark case of Arizona v. California, and therefore has senior rights to 719,248 acre-feet of Colorado River water, nearly one-third of Arizona’s allocation. How the CRIT came to be a single federally recognized tribe composed of members from four indigenous peoples located on lands that were a fraction …
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Publications
This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging and could be strengthened by attention to the democratic deficit when Congress imposes laws on Indian country. Applications of the canons have mattered in disputes between Indian nations and private or state interests. They have made much less difference, and have suffered major failings, in disputes with the federal government. …
Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches
Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches
Publications
No abstract provided.