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Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Tall White Man Et. Al. V. Blackfeet Indian Housing Authority, 97-Ca-474 & 99-Ap-37 (Blkft. Tr. Ct. App., Nov. 23, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court addressed a waiver of sovereign immunity in a suit between a decedent’s children against the tribe and involving a third-party defendant, Simpson Dura-Vent Company, Inc. Plaintiffs alleged negligence against the Blackfeet Indian Housing Authority (BIHA) for failing to maintain the furnace in their decedent father’s tribal housing unit. Plaintiff’s father died due to carbon monoxide poisoning.

• BIHA was created through Tribal Ordinance# 7, effective January 7, 1977. Article V, paragraph 2 of the Ordinance provides as follows: “The Council hereby gives its irrevocable consent to allowing the Authority to sue and …

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National Post, James Stribopoulos

Editorials and Commentaries

No abstract provided.

Putting Flesh On The Bones Of United States V. Winans: Private Party Liability Under Treaties That Reserve Actual Fish For The Tribal Taking, Lindsay Halm

Washington Law Review

One hundred years ago, in United States v. Winans, the United States Supreme Court announced that private parties are subject to the rights reserved by Indians under treaty. Accordingly, tribes enforce their treaty fishing rights in federal court to halt private and government actions that threaten to impair their reserved right to take a fair portion of fish from usual and accustomed fishing stations. In addition to injunctive relief, federal courts may award monetary relief to tribes where Congress limits the treaty fishing right. In general, monetary relief is a remedy against any defendant actor who impairs non-fishing treaty-reserved …

Tribe V. Spotted Bear, 2003 C 5946 (Blkft. Tr. Ct. App., Oct. 25, 2004), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered whether a sentence for assault and trespass was excessive. The Court ruled that the Defendant was sentenced beyond the statutory maximum. The Court remanded back to lower court for resentencing but urged the court to consider the fact that the defendant is a single parent of a small child, has completed anger management classes, and outpatient treatment for chemical dependency, and is not a habitual offender, when considering its new sentence.

Tribe V. White Wolf Hall, 04-Ap-14 (Blkft. Tr. Ct. App., Oct. 7, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered whether the defendant’s rights were violated when the lower court judge did not follow sentencing guidelines for the defendant. In this case, the defendant was convicted of child abuse and domestic abuse, with consecutive sentences, allowing parole after six months.  

• The Court noted that the lower court should have utilized Blackfeet Family Code, Ch. 22, Sec. 4, for child abuse providing that sentences should be between $50-200 and a term of imprisonment to not exceed 15 days. 

• Also, for domestic abuse, the Blackfeet Law and Order code, ch. 9, Sec. …

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Marceau V. Skunk Cap, 04-Ap-12 (Blkft. Tr. Ct. App., Oct. 7, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered the timeliness of an objection. The Blackfeet Law and Order Code, Ch.9, Rule 10-A, states “any motion filed with the Court in a Civil or Criminal Matter must be objected to within (5) days after service upon the opposing party.”  

• The respondent sought a Writ of Mandamus to the Appellate Court to order the lower court to rule on a motion to “stay,” not reverse, a lower court order of child support.  

• The lower court issued a stay on execution, but also reinstated a previous court order without ruling on …

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Ghosts In The Court: Jonathan Belcher And The Proclamation Of 1762, Eric Adams

Dalhousie Law Journal

History occupies a central place in aboriginal rights litigation. As a result, the circumstances and characters of the distant past play crucial roles in the adjudication of aboriginal treaty, rights and title claims. One such character is Jonathan Belcher. the first chief justice and former lieutenant governor of Nova Scotia. In 1762, Belcher issued a Proclamation reserving the north-eastern coast of Nova Scotia (and what Is now the eastern coast of New Brunswick) for the Mi'kmaq. In R. v Bernard, the accused pleaded a right to log timber on Crown land on the basis of Belcher's Proclamation. This article argues …

Book Review: "Coyote Warrior", Stacey L. Gordon

Faculty Journal Articles & Other Writings

The author reviews the book, "Coyote Warrior," by Paul VanDevelder, which documents tribal chairman Martin Cross's political fight to prevent the building of Garrison Dam and the latter legal battles his son, Raymond Cross, fought to win compensation for the land tribes were forced to give up when the dam was built.

Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy

ExpressO

No abstract provided.

Tribe V. White Quills, 03-C-6177 (Blkft. Tr. Ct. App., Sept. 23, 2004), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court via a petition for a Writ of Habeas Corpus concerning the permanent expulsion of a non-member Indian, Blackfeet Descendant, who is a member of the Blood tribe, from Canada. Defendant had lived on the Blackfeet Indian reservation since 1999 and had a tumultuous relationship with a Blackfeet tribal member which resulted in the domestic abuse conviction, in tribal court. Ten separate charges, regardless of conviction, were used to justify Defendant’s permanent expulsion from the Blackfeet Indian Reservation.

• The Court considered whether;

• 1) Defendant’s Due Process rights were violated by the permanent …

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The New Frontier Of Federal Indian Law: The United States Supreme Court's Active Divestiture Of Tribal Sovereignty, E. Andrew Long

Buffalo Public Interest Law Journal

No abstract provided.

Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (2004), Hkm Engineering

Native American Water Rights Settlement Project

Tribal Water Code: Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (Sep. 2004). Parties: Chippewa-Cree Tribe and NCM-RWS. The Rocky Boy/North Central Montana Regional Water System Act of 2002 (Pub. L. 107-331) authorized construction of the Rocky Boy/North Central Montana Regional Water System in north-central Montana. To meet the requirements of the Act, the Chippewa Cree Tribe and the North Central Montana Regional Water Authority developed and submitted a water conservation plan to Reclamation. The purpose of this water conservation plan is to ensure that users of water from the core system, non-core system and the …

Citizenship And Suffrage: The Native American Struggle For Civil Rights In The American West, 1830-1965, Willard Hughes Rollings

Nevada Law Journal

No abstract provided.

"Perfect Good Faith", Erin Ruble, Gerald Torres

Nevada Law Journal

No abstract provided.

Brown And Tee-Hit-Ton, Earl Maltz

ExpressO

No abstract provided.

Town Of Browning V. Peppers, 03-Ca-222 (Blkft. Tr. Ct. App., Aug. 5, 2004), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that failure to file a notice to appeal within the allotted time renders a motion to extend time moot, pursuant to Blackfeet Law and order Code, Ch. 11, Sec. 33.

Agenda: Energy Field Tour 2004, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2004 (August 4-6)

Tour (day trips along the Front Range, originating in Boulder) held August 4-6, 2004.

Summary: Assorted articles, maps, brochures, and other materials prepared for participants of the tour

Contents:

2004 energy field tour agenda -- Mission and vision of the Natural Resources Law Center -- Natural Resources Law Center, University of Colorado School of Law : a brief introduction -- Boulder area street map 4 -- Chatauqua area map -- [Bus] Route 203/225 : Boulder/Lafayette/Baseline -- Boulder-Lafayette via Baseline [bus schedules]

WEDNESDAY, AUGUST 4, 2004: OIL & GAS PRODUCTION FACILITIES AND PLATTEVILLE GAS PROCESSING FACILITY: 'Our next shortage', The Washington …

Williams V. Glacier Electric Cooperative Inc., 20-Ap-28 (Blkft. Tr. Ct. App., July 20, 2004) (Williams Ii), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered 9 Several issues on appeal::

• Pre-Trial Rulings:

• Whether the trial court erred in barring plaintiff from introducing any evidence regarding subsequent remedial repairs;

• Whether the trial court’s rulings in limine prejudicially precluded plaintiff from demonstrating inconsistencies in the testimony of certain of defendant’s witnesses on deposition at trial;

• Whether the trial court erred in granting defendant summary judgement on the issue of product liability; and

• Whether the trial court erred in striking plaintiff’s discrimination claim.

• subsequent remedial repairs – the Court ruled that, under these circumstances, it was not error …

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Amendment No. 1 To The Zuni Indian Tribe Water Rights Settlement Agreement In The Little Colorado River Basin, Zuni Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Zuni Indian Tribe Water Rights Settlement in the Little CO River Basin Amendments 1 (July 8. 2004) Parties: Zuni Indian Tribe, US, AZ, AZ Game & Fish Commission, AZ State Land Department, AZ State Parks Board, St. Johns Irrigation & Ditch Co., Lyman Water Co., Round Valley Water Users’ Ass’n, Salt River Project Agricultural Improvement & Power District, Tucson Electric Power Co., City of St. Johns, Town of Eagar, and Town of Springerville. These Amendments are taken to conform the Settlement Agreement of 2002 to the Settlement Act of 2004. The amendments relate to changes to dates and …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The History And The Future Of The Politics Of Policing, Margaret Beare

Conferences and Workshops

This chapter examines the operational realities of the police executive linkages—beyond the official dictates of the law and the desired position expressed in ideological discourses on police independence. Paper draws primarily on historical and criminological literature and research, and public inquiries.

The central argument of this paper is that, while there may be a somewhat clear-cut division between the’ policy’ versus the ‘operational’ control of the police by the State in law and in rhetoric, the reality is quite different. The relationship between the State and the police is a dynamic relationship that changes to reflect the nature of the …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Overview: Four Models Of Police-Government Relationships, Kent Roach

Conferences and Workshops

This chapter provides an introduction to police-governmental relations in Canada. It does so by outlining the law and history of police-government relations in Canada, constructing four different models of police-governmental relations and identifying critical issues that distinguish different approaches to police independence.

The first part of the chapter examines the contested legal basis for claims of police independence from government with a focus on the Supreme Court of Canada’s pronouncements on this issue in R. v. Campbell and Shirose. The second part examines highlights of the history of police-government relationships. Controversies such as the Nicholson affair, the Airbus, Doug Small …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Agenda

Conferences and Workshops

No abstract provided.

The Ipperwash Inquiry - Symposium On Government/Police Relations: Police-Government Relations In The Context Of State-Aboriginal Relations, Gordon Christie

Conferences and Workshops

Common debates over government-police relations share a certain structure – the main realm of contention revolves around questions about how to resolve tension between the concern that the police should be free to act independent of political interference and the concern that the police should, in a liberal democracy, be held accountable for their actions. This paper looks at this tension in the context of state- Aboriginal relations, a process of contextualization that casts a critical eye on the efficacy of the typical forms of analysis that arise from this debate.

The first stage of analysis provides a contrast for …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Legal Sites Of Executive-Police Relations: Core Principles In A Canadian Context, Dianne L. Martin

Conferences and Workshops

This chapter provides an overview of the multiple sites where the governance of police in a democratic society is negotiated, with examples and solutions drawn from policy documents, public inquiries, legislation, and case law. Multiple factors bear on the ways that this intricately structured legal relationship is worked out in day-to-day situations, including political, institutional and legal influences. Bearing in mind the political and institutional contexts, this chapter examine the legal instruments and institutions that both structure the relationship and are part of resolving the inevitable conflicts that arise between these two very general concepts. The central argument is that …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Oversight Of Executive Police Relations In Canada: The Constitution, The Courts, Administrative Processes And Democratic Governance, Lorne Sossin

Conferences and Workshops

This chapter critically examines two central questions. First, what are the mechanisms which constrain and define executive accountability and police oversight in Canada? Second, can the need for the police to remain above partisan politics and beyond manipulation by the government of the day be reconciled with these mechanisms of governance and accountability? Sossin argues that an apolitical and autonomous model is best suited to the dynamics of policing in a constitutional democracy such as Canada, and has the potential to balance the need for political input into policing while countering inappropriate political interference in policing.

The executive-police relationship is …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Idea Of The Political "Independence" Of The Police: International Interpretations And Experiences, Philip Stenning

Conferences and Workshops

This chapter serves to clarify some of the key concepts. By graphically illustrating the relationship between degrees of ‘control’ and degrees of accountability it is argued that the two concepts are not incompatible. The term independence is then used in the chapter to refer only to decision-making that falls in what is pictured as the fourth quadrant: ‘full accountability’ with ‘no control’. The chapter then outlines the scope or range of the potentially ‘independent’ decision-making tasks.

Stenning discusses the growth of the ‘doctrine of police independence’. It is argued that what we might assume is a widely held value favouring …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Memorandum Re June 28-29, 2004 Symposium

Conferences and Workshops

No abstract provided.