Indigenous, Indian, and Aboriginal Law Commons^™

Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins

Publications

No abstract provided.

Role Of The State Courts In Adjudicating Indian Water Rights, Jon L. Kyl

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

39 pages.

Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

88 pages.

Contains attachments.

Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

Articles

An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the controlling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign immunity …

Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

Articles

An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the con-. trolling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign …

Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson

Publications

No abstract provided.

Taxation: Tribal Taxation, Secretarial Approval, And State Taxation--Merrion And Beyond, David B. Wiles

American Indian Law Review

No abstract provided.

Zoning: Controlling Land Use On The Checkerboard: The Zoning Powers Of Indian Tribes After Montana V. United States, Jane E. Scott

American Indian Law Review

No abstract provided.

Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod

American Indian Law Review

No abstract provided.

Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent

American Indian Law Review

No abstract provided.

Sovereignty: Indian Sovereighty And Tribal Immunity From Suit, Douglas R. Wright

American Indian Law Review

No abstract provided.

Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …

Educational Assistance And Employment Preference: Who Is An Indian?, Karl A. Funke

American Indian Law Review

No abstract provided.

Jurisdiction: Exhaustion Of Remedies And The Status Of Tribal Courts, Sue Salmon

American Indian Law Review

No abstract provided.

Water Rights: The Mccarren Amendment And Indian Tribes' Reserved Water Rights, Elizabeth Mccallister

American Indian Law Review

No abstract provided.

Tribal Self-Government And The Indian Reorganization Act Of 1934, Michigan Law Review

Michigan Law Review

The Indian Reorganization (Wheeler-Howard) Act of 1934 (IRA) was, by all accounts, one of the most significant single pieces of legislation directly affecting Indians ever enacted by the Congress of the United States. It has been "equalled in scope and significance only by the legislation of June 30, 1834, and the General Allotment Act of February 8, 1887." A major reversal of governmental policy and approach toward Indian affairs was effectuated by the IRA. This Comment will be concerned with the IRA as it affected the concept of tribal self-government, and primarily with those sections providing for adoption of tribal …

The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson

Articles

Pacific Northwest Indian tribes signed treaties with the United States in the mid-1850's which guaranteed them the permanent right to fish at their usual and accustomed fishing sites off the reservations. The Indians believe these treaties mean that those states which did not exist in 1855 have no power to regulate Indian off-reservation fishing under any circumstances. State officials, on the other hand, have consistently argued that Indian off-reservation fishing is subject to the same state regulation as non-Indian fishing. The United States Supreme Court has basically accepted the states' position, holding that states can regulate off-reservation fishing when "necessary …

Treaty With The Arikara Tribe (Ricara), 1825, Charles J. Kappler, Henry Atkinson, Benjamin O'Fallon

US Government Documents Related to Indigenous Nations

This 1904 reprint of Ratified Indian Treaty 133: Arikara (Ricara), titled the Treaty with the Arikara (Ricara) Tribe, 1825 was transcribed and published in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. Signed on July 18, 1825, this treaty was the first major treaty between the US Government and representatives of the Arikara Nation. Also known as the Atkinson and O'Fallon Trade and Intercourse Treaty of 1825, this document was part of a series of friendship treaties between Henry Atkinson and Benjamin O’Fallon’s Indian Peace Commission and the Indigenous Nations beyond the Mississippi River. In this treaty, …

Ratified Indian Treaty 133: Arikara (Ricara) - Arikara Village, July 18, 1825, Henry Atkinson, Benjamin O'Fallon

US Government Documents Related to Indigenous Nations

This treaty, signed on July 18, 1825, was the first major treaty between the US Government and representatives of the Arikara Nation. Also known as the Atkinson and O'Fallon Trade and Intercourse Treaty of 1825, this document was part of a series of friendship treaties between Henry Atkinson and Benjamin O’Fallon’s Indian Peace Commission and the Indigenous Nations beyond the Mississippi River. In this treaty, the Arikara acknowledged the supremacy of the United States, which successively promised them peace, friendship, and protection. The Arikara also admitted that they resided within the territorial limits of the United States and that it …