Indigenous, Indian, and Aboriginal Law Commons^™

The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard

Dalhousie Law Journal

The tone and thrust of the Ontario Court ofAppeal's decision in R. v. Hamilton will serve to chill efforts by sentencing judges to tailor their responsibilities to accord with the recognized realities of systemic and intersectional inequality in Canadian society The decision presents an unduly conservative response to the judicial function question, and an understandable, if excessively cautious, answer with regard to the application of systemic, intersectional inequality issues in practice. Specifically, the decision underplays the overall remedial goal of section 718 of the Criminal Code by overemphasizing the particularity of Aboriginal peoples, and ignoring the specificity of especially vulnerable …

Integrating Spaces: New Perspectives On Race In The Property Curriculum, Alfred Brophy

Journal of Legal Education

No abstract provided.

Testimony On The Regulation Of Indian Gaming, Oversight Hearing On Indian Gaming, Before The United States Senate, Committee On Indian Affairs, 109th Congress, 1st Session, Kevin Washburn

Faculty Scholarship

Federal and tribal regulation is likely to be more successful than state regulation of Indian gaming because tribal governments and the federal government have a greater interest in the long term success of Indian gaming. Uniform federal minimum internal control standards can protect the integrity of the Indian gaming industry nationwide. While federal regulators should exercise a powerful role, they must be respectful of tribal governments.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Treating Tribes Differently: Civil Jurisdiction Inside And Outside Indian Country, Max Minzner

Nevada Law Journal

No abstract provided.

International Responsibility For Human Rights Violations By American Indian Tribes, Klint A. Cowan

ExpressO

The American Indian tribes have a unique status in the law of the United States. They are characterized as ‘sovereigns’ that predate the formation of the republic and possess inherent powers and immunities. Their powers permit them to create and enforce laws and generally to operate as autonomous governmental entities with executive, legislative, and judicial branches. They enjoy immunity from suit and exemption from federal and state constitutional provisions which protect individual rights. These powers and immunities provide a connection between tribal governments and US international human rights obligations. This essay explores this connection. It examines whether the tribes may …

Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexa Koenig, Jonathan Stein

ExpressO

This article presents the emerging argument that Native American tribes that have received state but not federal recognition have a legal right to engage in gaming under state law. This argument is based on five points: that 1) the regulation of gaming is generally a state right; 2) state tribes are sovereign governments with the right to game, except as preempted by the federal government; 3) federal law does not preempt gaming by state tribes; 4) state tribal gaming does not violate Equal Protection guarantees; and 5) significant policy arguments weigh in favor of gaming by state tribes under state …

Comes At Night V. Comes At Night, 1998-Ca-512 (Blkft. Tr. Ct. App., August 17, 2005)., Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court, the Court denied the Respondent’s motion to reconsider because it is untimely. The Court made this decision regarding the Court’s previous order (December 13, 2004) distributing property of the parties. Under Rule 60 of the F.R.Civ.Proc. any motion for relief from the judgment must be filed within 60 days of the date of the order.

In Re Paternity Of J.J.R.H., 2003-Paternity-I (Blkft. Tr. Ct. App., July 19, 2005), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court was asked to establish Paternity of a child, to determine the child’s degree of Indian blood for enrollment, and Terminate Parental Rights of the father. The petitioner-mother also asked the Court to order the respondent-father to give $1,000 to JJRH for lost per capita payments and to have the father meet JJRH to ask questions. Petitioner also requests the respondent pay half the DNA testing fees, or if refused, that the Court order respondent pay full cost and attorney’s fees. The respondent-father claims to be unaware of his degree of Indian …

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Slides: Forestry On The Yakama Reservation: The Balancing Of Natural Resources Management, Philip Rigdon

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Philip Rigdon, Yakama Nation, Toppenish, WA

64 slides

Slides: New England Forestry Foundation: Private Forests For The Public Good Since 1944, Frank Reed

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Frank Reed, New England Forestry Foundation

9 slides

Slides: Long Term Management Of Community Forests: Some Eomf Partner Perspectives, Brian Barkley

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Brian Barkley, Ontario Model Forest, Canada

18 slides

Slides: White Mountain Apache, Paul Declay, Jr.

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Paul DeClay, Jr., Tribal Forest Manager, White Mountain Apache, AZ

34 slides

Slides: Ecotrust Forests, Bettina Von Hagen

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Bettina Von Hagen, Ecotrust Forests, OR

25 slides

Slides: Overview Of Funding Sources: Land And Water Conservation Fund Act (Lwcf) 1965 (Includes Forest Legacy And Other Cooperative Conservation Programs) And Federal Land Transaction Facilitation Act Of 2000 (Fltfa Aka The "Baca" Act), Dick Todd

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Dick Todd, Bureau of Land Management, OR

11 slides

Slides: A Fine Line Between Success And Failure In Partnerships, Greg Neudecker

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Greg Neudecker, U.S. Fish and Wildlife Service, Great Falls, MT

48 slides

Agenda: Community-Owned Forests: Possibilities, Experiences, And Lessons Learned, Communities Committee, University Of Montana. School Of Forestry. Bolle Center For People And Forests, Wilderness Society (U.S.), Nature Conservancy Of Montana, Swan Ecosystem Center, Northwest Connections, Blackfoot Challenge, Flathead Economic Policy Center, Pinchot Institute For Conservation, American Forests, University Of Colorado Boulder. Natural Resources Law Center

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Community-owned forests may be the answer for some U.S. communities now confronting unanticipated and unwanted large scale land use changes – changes that could irrevocably change their local landscapes and quality of life. Across the country, millions of acres of private forest lands are being put up for sale as the forest products companies who own them find other, cheaper sources of supply. If, as is likely, purchasers divide and convert the forests to residential or other development uses, nearby communities face losing the critical economic, environmental, recreational, social, cultural, and aesthetic values and benefits those forests have traditionally provided. …

Testimony On The Regulation Of Indian Gaming, United States Senate, Committee On Indian Affairs, 109th Congress, 1st Session, Kevin Washburn

Faculty Scholarship

Congress must shore up NIGC regulatory authority over Class III gaming, guard against regulatory capture in tribal regulatory commissions, and reconsider the legitimacy of federal oversight of tribal economic decision-making. Congress should give the NIGC greater authority over licensure of those involved in Indian gaming and circumscribe the federal role over tribal economic decisions.

In Re The Conservatorship Of Margaret Croff, 05-Ap-04 (Blkft. Tr. Ct. App., April 7, 2005), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court determined that a previous appointment of a conservator, over an elder suffering from worsening dementia, did not follow Due Process, and was remanded to trial court for correction and compliance with the law. The Blackfeet Family Code, Ch.17, Sec. K requires that a determination of incompetence must be certified by proof from two qualified physicians to prove incompetence as defined in the Blackfeet Law and order Code. The Court determined that Margaret Croff should have been represented by legal counsel in such a life affecting situation. The case is remanded back …

Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter

Washington International Law Journal

Illegal logging in the tropical forests of Papua New Guinea is one of the greatest threats to the forests and indigenous people of this island nation. Increasing pressure from the commercial logging industry, legislation that restrains customary ownership, and an unclear legal basis for this ownership subjects the indigenous people of Papua New Guinea to unscrupulous, unsustainable, and illegal logging practices. As a region central to the preservation of global ecological and cultural diversity, the devastating consequences of illegal logging in Papua New Guinea have become nationally and internationally significant. Customary ownership of the forests by the indigenous clans of …

Citizens Savings Bank & Trust Co. V. Wellman, 04-Ap-29 (Blkft. Tr. Ct. App., March 16, 2005), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court affirmed a lower court decision relating to the foreclosure and sale of the War Bonnet property and directed the lower court to regulate and oversee its sale, without the involvement of the Glacier County Sherrif and to forestall potential state-tribal entanglements.

• The Court considered two main issues:

• 1) whether the Tribal Court orders delegating tribal authority to a state entity and whether the tribal court had proper jurisdiction were authorized and legally correct; and

• 2) whether the Tribal Court orders relating to the sale of the War Bonnet property were authorized …

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Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

Publications

No abstract provided.

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.

Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree

Human Rights & Human Welfare

A review of:

Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.

Reconsidering The Commission’S Treatment Of Tribal Courts, Kevin Washburn

Faculty Scholarship

Since the U.S. Sentencing Commission first enacted the federal Sentencing Guidelines, the Guidelines have treated tribal courts in a manner that is impossible to reconcile with other modem federal policies of respect for tribal self-determination and self-governance. In refusing to count tribal convictions for purposes of routine calculation of criminal history, the Commission has disrespected tribal courts. The Commission's tribal courts policy is anachronistic and out of step with modem efforts to support tribal courts. The Commission should amend the guidelines to reflect the principle that misdemeanor convictions from tribal courts are entitled to the same level of respect as …

In Search Of Sustainable Water Management: International Lessons For The American West And Beyond, Douglas S. Kenney

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b279300~S0

Contents: Water policy and cultural exchange : transferring lessons from around the world to the western United States / James L. Wescoat Jr. -- Roles for the public and private sectors in water allocation : lessons from around the world / Charles W. Howe, Helen Ingram -- Integrating environmental and other public values in water allocation and management decisions / David H. Getches, Sarah B. Van de …

Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle

Faculty Book Display Case

Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure.

This compact publication is the only comprehensive treatise explicating one …

Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng

The Modern American

No abstract provided.

Spotlight On Jon Velie: Man On A Thirteen Year Mission, Lydia Edwards

The Modern American

No abstract provided.

American Indian And Alaskan Native Health Care Today: The United States Government's Disparate Treatment Leaves Tribal People Trailing , Deborah Broken Rope

The Modern American

No abstract provided.