Indigenous, Indian, and Aboriginal Law Commons^™

The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff

Publications

No abstract provided.

A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins

Publications

No abstract provided.

The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson

Publications

No abstract provided.

Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya

Publications

No abstract provided.

Hippa And Patient Privacy: Tribal Policies As Added Means For Addressing Indian Health Disparities, Starla Kay Roels

American Indian Law Review

No abstract provided.

Recognizing The Full Scope Of The Right To Take Fish Under The Stevens Treaties: The History Of Fishing Rights Litigation In The Pacific Northwest, Vincent Mulier

American Indian Law Review

No abstract provided.

Who's Who: Exploring The Discrepancy Between The Methods Of Defining African Americans And Native Americans, Keneisha M. Green

American Indian Law Review

No abstract provided.

The Potential Passage Of Proposed Senate Bill 147 And Its Implication On Native Hawaiians And Gaming, Lindsay Goodner

American Indian Law Review

No abstract provided.

Indian Land Claims: Sherrill And The Impending Legacy Of The Doctine Of Laches, Patrick W. Wandres

American Indian Law Review

No abstract provided.

Vine Of The Dead: Reviving Equal Protection Rites For Religious Drug Use, David Garrett

American Indian Law Review

No abstract provided.

Is The Ncaa Prohibition Of Native American Mascots From Championship Play A Violation Of The Sherman Antitrust Act, Ryan Fulda

American Indian Law Review

No abstract provided.

Judicial Rewriting Of The Indian Employment Preferences--A Case Comment: E.E.O.C. V. Peabody Western Coal Company, 400 F.3d 774 (9th Cir. 2005), Brendan O'Dell

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2005 Native American Law Student Association Moot Court Competition, Brian Mcclatchey, Paul Porter

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2006 Native American Law Student Association Moot Court Competition, Sean P. Krispinsky, Sarah J. Bannister

American Indian Law Review

No abstract provided.

Developing Case Law: The Future Of Consultation And Accommodation, Gordon Christie

All Faculty Publications

The aim in this paper is twofold. First, the historical development of the case law around the duty to consult will be laid out (e.g. Delgamuukw v. British Columbia and subsequent cases) and an attempt will be made to make sense of this body of jurisprudence (on both doctrinal and critical levels). Second, an attempt will be made to read out of the current doctrine how future events may unfold 'on the ground' in the legal and political arena in British Columbia and elsewhere in Canada.

Respecting And Protecting The Sacred, Darlene Johnston

All Faculty Publications

In Canada, many citizens are justifiably proud of our country’s commitment to multiculturalism and respect for diversity. Cultural variations in language, art, law, and religion are not only tolerated but also celebrated. There is a growing appreciation that as human beings we share common, fundamental categories of experience, but that those experiences are mediated by and need to be understood in terms of our particular cultural contexts. Just as different cultures have different approaches to land and property, so too do traditions of sacredness vary. But respect for such variations, particularly as between Aboriginal peoples and newcomers to Canada, has …

Connecting People To Place: Great Lakes Aboriginal History In Cultural Context, Darlene Johnston

All Faculty Publications

The author was asked to review the historical connection of Aboriginal people to the land that lies between Lake Huron and Lake Erie. She is a descendant of Great Lakes Aboriginal ancestors. Aboriginal history and self-understanding is conveyed across generations by stories and teachings grounded in particular landscapes. As a legally-trained historian, the author is familiar with the methods and protocols used in the document-based tradition. Her research method combines oral tradition and archival materials in order construct historical narratives in their cultural context. The task of connecting particular people to a specific place in a given time period is …

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Publications

No abstract provided.

[Introduction To] On The Drafting Of Tribal Constitutions, Felix S. Cohen, David E. Wilkins (Editor)

Bookshelf

Felix Cohen (1907-1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His "Basic Memorandum on Drafting of Tribal Constitutions," submitted in November 1934, provided practical guidelines for that effort.

Largely forgotten until Cohen's papers were released more than half a century later, the memorandum now receives the attention it has long deserved. David E. Wilkins presents the entire work, edited and introduced with …

Indian Water Rights And The Federal Trust Responsibility, Robert T. Anderson

Articles

Although federal policy shifted from assimilation to pro-tribal positions, the federal courts have quite consistently supported Indian reserved water rights. Indian water rights, however, were neglected by Congress in favor of non-Indian agricultural development in the arid West. Modem litigation over tribal rights takes place primarily in state courts that are tempted to interpret the few U.S. Supreme Court cases in ways that protect existing non-Indian uses over senior tribal water rights. Modern Indian water rights settlements tend to protect existing non- Indian uses while providing substantial benefits for tribes, but in a haphazard manner. This article examines the history …

Indian Water Rights: Litigation And Settlements, Robert T. Anderson

Articles

This article provides a brief overview of the law of Indian and federal reserved water rights and continues with an examination of the Snake River Water Rights Act. The Act serves as a vehicle for discussion of what is right and what is wrong with the current Indian water rights settlement process. Finally, the article suggests that the Administration modify the portion of its criteria and procedures for Indian water settlements dealing with federal financial contributions. These criteria and procedures need to more accurately reflect the realities of past settlements and promote more successes like the Snake River Water Rights …

2005 Amended And Restated Gila River Indian Community Water Rights Settlement Agreement, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (Oct. 21, 2005). Parties: Gila River Indian Community; US; AZ; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Roosevelt Irrigation District; Roosevelt Water Conservation District; Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearny, Duncan and Gilbert; Maricopa-Stanfield Irrigation & Drainage District; Central Arizona Irrigation & Drainage District; Franklin Irrigation District; Gila Valley Irrigation District, San Carlos Irrigation & Drainage District; Hohokam Irrigation …

There Is Nothing Light About Feathers: Finding Form In The Jurisprudence Of Native American Religious Exemptions, James R. Dalton

BYU Law Review

No abstract provided.

Brief For The United States In Opposition - Lummi Nation V. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

Lummi Nation v. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

No abstract provided.

Conseco Finance Servicing Corporation V. Patterson, 2005-Ap-03 (Blkft. Tr. Ct. App., Nov. 9, 2005), Blackfeet Appellate Court

Court Decisions

The lower court found that the defendant breached the contract he entered into with the plaintiff by failing to make monthly payments. The Blackfeet Tribal Appellate Court issued the defendant’s notice of appeal and request for stay of judgment pending appeal. The Blackfeet Tribal Court of Appeals dismissed the appeal filed by the appellant. The appellant made no attempt to contact the Court regarding his appeal since the date of filing of the Notice of Appeal. Per the Blackfeet Law & Order Code reads, “Failure of an appellant to take any step other than the timely filing of a notice …

Brief In Opposition - Lummi Nation V. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

Lummi Nation v. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

No abstract provided.

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Petition For Writ Of Certiorari - Lummi Nation V. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

Lummi Nation v. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))

No abstract provided.

Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell

Indiana Law Journal

No abstract provided.

Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson

Law Faculty Research Publications

No abstract provided.