Indigenous, Indian, and Aboriginal Law Commons^™

Navajo Nation V. Rodriguez And The Traditional Navajo Principle Of Hazhó'Ógo, Philip A. Morin

Tribal Law Journal

This case note examines in detail the adoption, and adaptation, of the United States Supreme Court's Miranda decision by the Supreme Court of the Navajo Nation.

The Supreme Court of the Navajo Nation carried out the directive of the Fundamental Laws of the Diné, to make Diné bi beehaz'áanii, or Navajo Common Law, the fundamental basis for its decisions. By doing so, the Supreme Court defined uniquely Navajo rights and procedures governing the custodial interview, holding that the traditional Navajo principle of hazhó'ógo requires truthful, transparent explanations to, and respectful treatment of, persons in police custody.

Mr. Morin's case note …

The Origins, Current Status, And Future Prospects Of Blood Quantum As The Definition Of Membership In The Navajo Nation, Paul Spruhan

Tribal Law Journal

In this article, the author discusses the origin of the Navajo Nation's blood requirement. Mr. Spruhan examines the intended purpose of the quarter-blood quantum definition and the role of the Bureau of Indian Affairs. He reviews the current status, regulation, and recent attempts to change the quarter-blood quantum requirement. He discusses the future of the quarter-blood quantum requirement with respect to the Navajo Nation Council's 2002 resolution known as the "Fundamental Laws of the Diné," a resolution mandating the application of traditional law, customary law, natural law, and common law to the Navajo Nation Government and its entities. In this …

Customary Law: The Way Things Were, Codified, Exra Rosser

Tribal Law Journal

The author explores the meaning of customary law from its most general meaning to the meaning and application within various tribal courts. Mr. Rosser discusses the weight of customary law when choice of law and conflict of law issues arise within tribal courts. He discusses the challenges in uniformly applying customary law. He also discusses the challenges in substantiating customs when presented to a tribal court, including the use of experts. Mr. Rosser highlights the complexity and variance of customary law between tribal courts while emphasizing the importance of tribal jurisprudence. Finally, the author provides an appendix of rules and …

Tribe V. Gervais, 01-C-2887-2891 (Blkft. Tr. Ct. App., Nov. 17, 2003), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court upheld a previous judgement convicting a defendant of four charges centering around assault and child endangerment.  

• The Court considered whether: 1) the defendant’s rights were violated by not being allowed to face his accuser; and 2) whether the imposed sentence was excessive and a violation of the Indian Civil Rights Act.  

• 1) The Court cited the Blackfeet Law and Order Code, Ch.1, Sec. 11, stating that a complaint is valid when it bears the signature of a complaining witness or complainant, witnessed by a judge. In this case, the Blackfeet Law …

  ---

  Go to article

Who Can Defend A Federal Regulation? The Ninth Circuit Misapplied Rule 24 By Denying Intervention Of Right In Kootenai Tribe Of Idaho V. Veneman, Stephanie D. Matheny

Washington Law Review

In Kootenai Tribe of Idaho v. Veneman, the United States Court of Appeals for the Ninth Circuit misapplied Rule 24 of the Federal Rules of Civil Procedure by denying intervention of right to organizations that had protectable interests in the adoption and implementation of the Roadless Rule. The court based its decision to deny intervention of right on its federal defendant rule, which bars intervention of right by parties other than the federal government to defend a challenge brought under the National Environmental Policy Act (NEPA). The Kootenai decision extended the reach of the federal defendant rule to include …

Abrogation Or Regulation? How Anderson V. Evans Discards The Makah's Treaty Whaling Right In The Name Of Conservation Necessity, Zachary Tomlinson

Washington Law Review

From 1787 to 1871, the federal government and various Indian tribes entered into hundreds of treaties. Under well-established U.S. Supreme Court precedent, the U.S. Congress has plenary authority to abrogate or modify any of these treaties. The U.S. Supreme Court is reluctant to find congressional intent to do so, however, and requires that this intent be clear and plain. States have no such power to qualify treaties, but the Court has allowed states to regulate treaty rights when doing so is necessary for species conservation. While the U.S. Supreme Court has kept these two lines of cases distinct, the U.S. …

Ecological Effects Know No Boundaries: Little Remedy For Native American Tribes Pursuing Transboundary Pollution Under International Law, Peter D. Lepsch

Buffalo Environmental Law Journal

No abstract provided.

Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens

Articles

No abstract provided.

Applicant In Intervention - Appellant Samish Indian Tribe's Reply Brief - United States V. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Wroblewski V. Wagner, 02-Ap-34 (Blkft. Tr. Ct. App., Sep. 8, 2003), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered whether a Blackfeet Housing decision was proper in awarding a unit to the respondent. When the lease purchase agreement was signed, both Wrobleski, who is a non-member descendant of the Blackfeet Tribe, and Wagner, a Blackfeet tribal member, signed the lease, and they share a child who is an enrolled member of the Blackfeet Tribe. The couple subsequently split with Wrobleski filing an emergency petition and the court awarding the home to her and her child. The Lower court granted joint custody but stated that the Blackfeet Housing Board must …

  ---

  Go to article

Answering Brief For The United States - United States V. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Tribal Appellees' Brief - United States V. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Day 3. Wednesday, August 13, 2003: Clifford Duncan, Ute Tribe, Clifford Duncan

Energy Field Tour 2003 (August 11-16)

4 pages.

Contains references.

Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

11 pages (includes some color illustrations and maps).

Contains references.

Day 3. Wednesday, August 13, 2003: Coalbed Methane Development, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

10 pages (includes color illustrations and maps).

Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

Congressional staff tour held August 11-16, 2003

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

Contents:

MONDAY, AUGUST 11, 2003: BLUE SPRUCE PEAKER PLANT: University of Colorado Natural Resources Law Center : congressional staff tour of Blue Spruce Energy Center / Peggy Duxbury -- 'Power Struggle', National Journal, June 27, 2003 / Margaret Kritz -- 'Calpine's Blue Spruce Energy Center begins commercial operation', Calpine press release, April 17, 2003 -- NATIONAL RENEWABLE ENERGY LAB: NREL at a glance -- NREL technologies -- SHOSHONE HYDROELECTRIC PLANT: 'River District Board supports spring Shoshone call …

Aboriginal Title Or The Paramountcy Doctrine? Johnson V. Mcintosh Flounders In Federal Waters Off Alsaka In Native Village Of Eyak V. Trawler Diane Marie, Inc., Andrew P. Richards

Washington Law Review

In Johnson v. McIntosh and its progeny, the United States Supreme Court established the principle that aboriginal title allows Indian tribes to exclusively use and occupy their territories after they come under United States sovereignty. In Native Village of Eyak v. Trawler Diane Marie, Inc., five Alaska Native villages asserted aboriginal title to areas of the seabed and ocean off Alaska. The villages argued that federal fisheries regulations violate their aboriginal title by allowing non-Natives to fish within those areas, while excluding most of the villagers. The United States Court of Appeals for the Ninth Circuit rejected the villages' …

Defining Traditional Knowledge - Lessons From Cultural Property, Sarah Harding

Cardozo Journal of International and Comparative Law

The article critiques the assumptions embedded in the terms "traditional" and "cultural" when applied to the property and knowledge of indigenous peoples, particularly Native Americans. It argues that these terms often reflect Western notions of authenticity, collectivity, and inalienability, which may not fully align with the lived experiences and evolving cultural practices of indigenous communities. The analysis emphasizes the need for flexibility in defining cultural property and traditional knowledge, as these concepts are shaped by historical colonization, sovereignty struggles, and contemporary political dynamics.

Zuni Indian Tribe Water Rights Settlement Act Of 2003, United States 108th Congress

Native American Water Rights Settlement Project

Federal Legislation: Zuni Indian Tribe Water Rights Settlement Act of 2003, PL 108-34, 117 Stat. 782 (June 23, 2003). Parties: Zuni Tribe, US, AZ. The Act ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights in the Little CO River basin, AZ. It authorizes appropriations for acquisition of water rights and associated lands and, for fiscal years 2004 through 2006; and for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas. The US shall take legal title of specified lands in the Gila and Salt River Base and Meridian …

Applicant In Intervention - Appellant Samish Indian Tribe's Opening Brief - United States V. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.

Indigenous Pueblo Culture And Tradition In The Justice System: Maintaining Indigenous Language, Thought And Law In Judicial Review, Christine Zuni Cruz

Faculty Scholarship

In this paper Christine Zuni Cruz considers several issues that have emerged from her personal experience working as an Associate Justice on the Pueblo Appellate Court in the United States. These concerns relate to maintaining the culture of the Pueblo within an acknowledged western, and specifically Anglo-American, framework of justice. The key elements discussed include language, process and knowledge. This paper provides a North American perspective on the interface between Indigenous law and western legal frameworks. It therefore has resonance in the contemporary Australian landscape, where efforts to secure Indigenous rights and interests in land encounter difficulties both in regards …

The Impossibility Of Citizenship, Peter J. Spiro

Michigan Law Review

These are interesting times at the constitutional margins. Questions about where the Constitution takes up and leaves off are more frequently in play; one can no longer so readily assume the Constitution to supply an authoritative metric as we confront prominent cases of nonapplication. At the same time, the increasing robustness of international norms has prompted a vigorous reconsideration of their relationship to domestic ones. Where the twentieth century was marked by deep segmentation among national legal regimes, with minimal transboundary interpenetration, recent years have seen the advent of complex, overlapping regimes: subnational, national, regional, and global, public, and private. …

Tohono O'Odham Settlement, Tonhono O'Odham Nation Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Tohono O'odham Settlement (Apr. 30, 2003). Parties: Tohono O'odham Nation, AZ, US, Tucson, Asarco Inc., Farmers Investment Co., two allottee classes. The Settlement Agreement has been revised to eliminate any conflicts with PL 108-451. The parties are a part of the Gila River adjudication. The Nation has a water right of 79,200 acre-feet per year, sourced in ground and surface water. This water may be put to any use. The Nation may use the water off-reservation according to the attached contracts or pursuant to state law, but the uses must remain within the state. Provisions are made for …

Sherburne V. Glacier Electronic Cooperative, Inc., 03-Ap-15 (Blkft. Tr. Ct. App., Apr. 15, 2003), Blackfeet Appellate Court

Court Decisions

• A Tribal Court jury found unanimously Defendant breached its contract with Plaintiff and committed other wrongs such as defamation. A verdict of $2,157,181.60 was awarded. This judgement was appealed, and affirmed by the Blackfeet Appellate Court. Plaintiffs also obtained an Order of Summary Judgment against Federal Rural Electric Insurance Cooperative and Defendants ordering insurance coverage.  

• Co-op's insurance carrier did not pay the judgment, they then appealed, and the Appeals Court held that the Judgment could not be enforced off the reservation, but enforceable on reservation. Plaintiffs sought to have the judgment be examined for meaning on reservation so they could …

  ---

  Go to article

A First Argument In The Tradition Of Many, Beth S. Brinkmann

The Journal of Appellate Practice and Process

No abstract provided.

When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin

Osgoode Hall Law Journal

Comments on Aboriginal peoples, governmental defiance, and the breakdown of law and the balance between law's roles and limits.

Are County Officials Liable For Forcibly Executing A Search Warrant Against A Sovereign Indian Tribe, John P. Lavelle

Faculty Scholarship

No abstract provided.

Tribe V. Croff, 02-C-3096-3098 (Blkft. Tr. Ct. App., Feb. 18, 2003), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed a charge of Child Engenderment because the prosecution erred in charging the wrong statute. The Defendant should have been charged with Criminal Endangerment, and oral argument presented pertained to Disorderly Conduct. Child Endangerment charge was dismissed.