Indigenous, Indian, and Aboriginal Law Commons^™

Constitutional Law: Mci Telecommunications Corp. V. Public Service Commission: The Tenth Circuit Rebuffs The Supreme Court Trend Supporting State Immunity, Stephanie Chapman

Oklahoma Law Review

No abstract provided.

Indigenous Peoples, American Federalism, And The Supreme Court, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

As America breathes a sigh of relief in the afterglow of the pyrotechnics associated with the first post-September 11 July 4, pondering its global status as as the leading agent in its self-­proclaimed "War on Terrorism," and its domestic situation with a "War on Federalism" raging between the Supreme Court's redefined notion of states' rights and federal authority, it seems a propitious time to ask where indigenous nations fit in this warlike atmosphere, given that the history of Indian/U.S. relations involved a fair amount of war-related activities.

Gabrielino/Tongva Bibliography, Brianne Gillen, G. Edward Evans

Librarian Publications & Presentations

This bibliography brings together publications about the Gabrielino/Tongva Nation of Southern California. It includes books, periodical and newspaper articles, dissertations, and government documents, and covers the Nation’s rich history, from prehistoric times to the present. The bibliography is inspired by Mary La Lone’s Gabrielino Indians of Southern California: An Annotated Ethnohistoric Bibliography, and continues where she left off in 1976. Her bibliography contained 182 items, all of which are included in this volume as well as 374 items post 1976.

One of the goals of the project was to acquire as many of the items for the Loyola Marymount University …

Sustaining Geographies Of Hope: Cultural Resources On Public Lands, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

Governance Within The Navajo Nation: Have Democratic Traditions Taken Hold?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

This essay crafts a description and analysis of the political and institutional context, structures, and issues of the Navajo Nation's government. We begin with a demographic, institutional, and ideological assessment of the nation as its currently stands, move to a historical overview of the nation from precontact times to the 1989 riots and conclude with a short policy portfolio of three issues—land claims, gaming, and taxation—that will likely impact the shape and direction the nation will head into the twenty-first century.

Rice V. Cayetano: The Supreme Court Declines To Extend Federal Indian Law Principles To Native Hawaiians Sovereign Rights, Jeanette Wolfley

Faculty Scholarship

As I read and reread the Rice decision, I realized how similar it is to the trend in the recent Indian law cases decided by the Supreme Court. For example, Rice, in many respects, represents the discomfort the Justices feel for upholding "special treatment" of Native Americans under the law. The Court in Rice reversed the Ninth Circuit's decision allowing the State of Hawaii to conduct a Natives-only election of trustees to administer a trust to benefit Native Hawaiians. It found that the Fifteenth Amendment, adopted after the Civil War to prevent states from denying the elective franchise to former …

Developing Effective Processes Of American Indian Constitutional And Governmental Reform: Lessons From The Cherokee Nation Of Oklahoma, Hualapi Nation, Navajo Nation, And Northern Cheyenne Tribe, Eric Lemont

American Indian Law Review

No abstract provided.

Trifederalism In The Aftermath Of Teague: The Interaction Of State And Tribal Courts In Wisconsin, Carol Tebben

American Indian Law Review

No abstract provided.

Federal Acknowledgement Of Indian Tribes: Current Bia Interpretations Of The Federal Criteria For Acknowledgement With Respect To Several Northwest Tribes, Rosemary Sweeney

American Indian Law Review

No abstract provided.

Cultural Tourism: Exploration Or Exploitation Of American Indians?, Kristal Markowitz

American Indian Law Review

No abstract provided.

The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2001 Native American Law Student Association Moot Court Competition, Nicholas K. Rohner, Raj Mehta

American Indian Law Review

No abstract provided.

The Historical Development Of American Indian Tribes; Their Recent Dramatic Commercial Advancement; And A Discussion Of The Eligibility Of Indian Tribes Under The Bankruptcy Code And Related Matters, R. Spencer Clift Iii

American Indian Law Review

No abstract provided.

State Income Taxation Of Nonmember Indians In Indian Country, Jennifer Nutt Carleton

American Indian Law Review

No abstract provided.

Treaty Fishing Rights: A Habitat Right As Part Of The Trinity Of Rights Implied By The Fishing Clause Of The Stevens Treaties, O. Yale Lewis Iii

American Indian Law Review

The fishing right guaranteed by the fishing clause of the Stevens Treaties between the United States and the Indians of Western Washington should be considered a trinity of rights: a right of access, a right of equitable apportionment, and a habitat right. While seven different Supreme Court decisions and scores of lower court decisions examine the contours of the first two elements of the fishing right, the contours of the final element of the right remain unsettled. No appeals court has ruled on whether there, is an implied habitat right. While some trial courts have skirted the issue, only one …

"With A Very Great Blame On Our Hearts": Reparations, Reconciliation, And An American Indian Plea For Peace And Justice, William Bradford

American Indian Law Review

No abstract provided.

Industrial Hemp: The Crop For The Seventh Generation, Robin Lash

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2002 Native American Law Student Association Moot Court Competition, Michelle A. Carr, Cara Hair

American Indian Law Review

No abstract provided.

The Court's Exercise Of Plenary Power: Rewriting The Two-Row Wampum, Gordon Christie

All Faculty Publications

This paper focuses on the Supreme Court of Canada's decision in Mitchell v. M.N.R., [2001] S.C.R. 911, as an illustration of what is wrong in contemporary jurisprudence on Aboriginal rights. The concurring judgment of Binnie J. is discussed as a potential preview to the Court's approach to claims of Aboriginal self-determiniation. This paper digs into the ruins of Aboriginal law, to make sense of the doctrine of sovereign incompatibility, to come to some sense of how the field of Aboriginal law has come to trap Aboriginal peoples. The paper closes with suggestions about how Aboriginal rights might be resurrected from …

Cherokee Nation Tribal Profile, Ahnawake Carroll

Tribal Law Journal

Cherokee Nation Tribal Profile by Ahnawake Carroll provides readers with an overview of the Cherokee Nation Tribal Government. This profile includes information regarding both the historical and contemporary uses of the tribe's traditional law, law of governance, enacted law, and case law.

Theory And Practice: The Case Of The Navajo-Hopi Land Dispute , Eric Cheyfitz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

American-Style Justice In No Man's Land, Peter Nicolas

Articles

This Article seeks to fill the gap in the existing literature by exploring the constitutional limits on federal court subject matter jurisdiction in the context of civil disputes arising in Indian Country and civil disputes arising elsewhere involving Indian tribes, tribal entities, and tribal members.

Part II of this Article catalogues the universe of "no forum" and "biased forum" jurisdictional quagmires with respect to civil disputes arising in Indian Country or those arising elsewhere involving Indian tribes, tribal entities, and tribal members, examining the existing legal obstacles that prevent federal, state, and tribal courts from exercising jurisdiction over the "no …

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

Articles

My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …

Powers Inherent In Sovereignty: Indians, Aliens, Territories, And The Nineteenth Century Origins Of Plenary Power Over Foreign Affairs, Sarah H. Cleveland

Faculty Scholarship

Does the United States have powers inherent in sovereignty? At least since the 1819 decision in McCulloch v. Maryland, conventional wisdom has held that national government is one of limited, enumerated powers and exercises “only the powers granted to it” by the Constitution and those implied powers “necessary and proper” to the exercise of the delegated powers. All powers not delegated to the federal government are reserved to the states and to the people. In the 1936 decision in United States v. Curtiss-Wright Export Corp., however, the Supreme Court asserted that federal authority over foreign relations operated independently …

Cherokee Nation Election Of 1995, Ahnawake Carroll

Tribal Law Journal

The Cherokee Nation Election of 1995 by Ahnawake Carroll discusses a test of the constitutional distribution of powers within the Cherokee government in the context of the 1995 tribal election. This article explores through the mechanism of five selected rulings the role of the tribal judiciary in adjudicating various controversies arising out of the election resulting in the judiciary placing "a check on the legislative and executive powers of the Cherokee government" based upon interpretations of the Cherokee Constitution, as well as codified Cherokee law.

Sacrificing The Salmon: A Legal History Of The Decline Of Columbia Basin Salmon (Full Text Part 1 Of 2), Michael Blumm

Books & Contributions to Books

Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devasted Columbia Basin salmon runs, some of which are now exinct, others are on life-support.

This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th …

No Runner V. Calf Looking, 01-Ap-25 (Blkft. Tr. Ct. App., Oct. 11, 2001), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered whether the trial court judge erred by holding a hearing without the natural father being present and granting custody to the natural mother allowing her to leave the jurisdiction of the Court. The Court found that the lower court erred in granting custody of a child to the mother, given un-explored allegations of abuse by the mother, and after the clerks failed to properly deliver service for notice of the hearing to the natural father. The father’s due process rights were violated and this case is remanded for a new …

Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters

Dalhousie Law Journal

The decision of the Supreme Court of Canada in R. v. Marshall raises some difficult questions about the interpretation of Crown-Aboriginal treaties, especially treaties dating from the eighteenth century. The Court acknowledged that the treaty context is important to establishing the meaning of treaty texts, and Aboriginal and non-Aboriginal perspectives must be considered. As a result, judges must have regard to historical analyses of Crown-Aboriginal relations when interpreting these old treaties. In this article, the author explores some of the complex theoretical problems that such legal-historical analyses create, focusing in particular upon the possibility that lawyers and judges may reach …

Equitable Compensation Act: Hearing Before The Committee On Indian Affairs United States Senate; One Hundred Seventh Congress, First Session On Federal Obligation To Equitable Compensation To The Fort Berthold And Standing Rock Reservations, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This record, dated August 30, 2001, is a transcript of a follow-up hearing with the Three Affiliated Tribes and Standing Rock Nation to evaluate how the 1992 Equitable Compensation Act has served the tribes and if it has helped restore economic stability. Testimony from tribal members indicates that many promises made prior to the building of the dam were never met, that the promises were met were fulfilled 40-45 years after the dam was built, and, more importantly, that what was lost can never be compensated for with money. At the time of this hearing, the Three Affiliated Tribes were …

Memorandum Opinion Re Assiniboine And Sioux Tribes Of Fort Peck Indian Reservation, Water Court Of State Of Montana

Native American Water Rights Settlement Project

Post Settlement Court Opinion: Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, MT, Montana, Montana Reserved Water Rights Compact Commission, United States. Opinion disposes of three objections to settlement/Compact. It concludes that Compact is analogous to consent decree; objector has the initial burden of production; standard for approving a consent decree is that it is at least fair, adequate and reasonable, made in good faith, with arms-length negotiations and conforms to applicable laws; settlement must be in public’s interest but not necessarily in the public’s best interest, if otherwise reasonable; objectors must show that they claimed rights are …