Indigenous, Indian, and Aboriginal Law Commons^™

Race And The Australian Constitution: From Federation To Reconciliation, George Williams

Osgoode Hall Law Journal

The framing of the Australian Constitution initiated a pattern of discrimination against Australia's Indigenous peoples. They were cast as outsiders to the nation brought about in 1901. This pattern was broken in 1967 by the deletion of the discriminatory provisions from the Constitution. Today, there is strong community support in Australia for the reconciliation process, which would involve recognition of Indigenous peoples as an integral and unique component of the Australian nation. However, this has yet to be translated into substantive legal outcomes. The author analyses the interaction of issues of race and the Australian Constitution as it has affected …

Tribe V. Sharp, 20-Ap-18 (Blkft. Tr. Ct. App., Sept. 5, 2000), Blackfeet Appellate Court

Court Decisions

In the Court of Appeals, the Court ruled that “the policy and procedure manual for the Blackfeet Alternative Court which allows fines and incarceration of defendants was not duly approved by the Blackfeet Tribal Business Council and is not a valid document.”

I Know You're The Government's Lawyer, But Are You My Lawyer Too? An Exploration Of The Federal-Native American Trust Relationship And Conflicts Of Interest, David I. Gold

Buffalo Public Interest Law Journal

No abstract provided.

Tribe V. Old Chief, 2000-Ap-20 (Blkft. Tr. Ct. App., August 29, 2000), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court held that the Defendant shall be allowed to withdraw her guilty plea and the trial court shall continue proceedings upon the entering of a new plea. The Defendant in this case because a participant in the Blackfeet Alternative Court after pleading guilty to five criminal charges of child endangerment. Further, the Defendant was expelled from the alternative court without reason or order to incarcerate her. The Court of Appeals ruled in Tribe v. Sharp, that “the policy and procedure manual for the Blackfeet Alternative Court which allows fines and incarceration of …

Irrigation Of Six Middle Rio Grande Pueblos, Office Of The Solicitor Of The Department Of Interior

Law of the Rio Grande

No abstract provided.

Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement, PL 106-263, 114 Stat. 737 ( Aug. 18, 2000) Parties: US, City of St. George, & Shivwits Band of the Paiute Indian Tribe of Utah. (Not other Bands of Ut Paiute Tribe) The Act provides for St. George (Utah) Water Reuse to divert and transport water for use by City of St. George and the Shivwits Band (2K acre-feet annually). St. George and the Band ($15M) will pay for the project. The Santa Clara Project will deliver 1,900 acre-feet annually to the Band. This project will …

Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson

Innis Christie Collection

The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.

Growth In Colorado And The West: Trends And Issues [Outline], James N. Corbridge Jr.

Water and Growth in the West (Summer Conference, June 7-9)

4 pages.

Contains references.

Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock

Water and Growth in the West (Summer Conference, June 7-9)

13 pages.

Municipal Demands As The Stimulus For Innovation: Tales From The Lower Colorado River Basin, Jerome C. Muys

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.

The Effects Of Development On Indian Water Rights: Obstacles And Disincentives To Development Of Indian Water Rights, Jerilyn Decoteau

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.

Contains references.

The Social Costs Of Moving Water In Northern New Mexico, David Benavides

Water and Growth in the West (Summer Conference, June 7-9)

15 pages.

Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation

Water and Growth in the West (Summer Conference, June 7-9)

1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)

"Conference co-sponsor The William and Flora Hewlett Foundation."

Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.

Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)

Includes bibliographical references

The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation …

Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet

Water and Growth in the West (Summer Conference, June 7-9)

18 pages.

Blackfeet Housing V. Larson, Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals concerning an Order for Eviction from tribal housing, the Court dismissed an appeal because the appellant failed to perfect her appeal or answer the Motion to Dismiss Appeal filed by Tribal Housing. The Court dismissed the appeal pursuant to tribal ordinance Ch. 11, Sec. 31.

Henderson V. Blackfeet Indian Housing Authority, Et. Al., 98-Ca-561 (Blkft. Tr. Ct. App., May 4, 2000), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered: (1) whether the Blackfeet Indian Housing Authority violated the plaintiff’s civil rights as guaranteed pursuant to the Indian Civil Rights Act by conducting a one-time drug test and terminating employee for failure to submit to the test, and (2) whether the Blackfeet Tribal Court has jurisdiction over the Blackfeet Indian housing Authority. 

• The Court concluded both that the Plaintiff’s civil rights were violated and the Court does have jurisdiction over the Blackfeet Indian Housing Authority. 

• The Blackfeet Indian Housing Authority is a public entity and any drug testing requirements for …

  ---

  Go to article

Reply Brief Of Appellant Muckleshoot Indian Trive Responding To Joint Brief Of Appellees Puyallup, Swinomish And Suquamish Tribes And Brief Of Appellee Tulalip Tribes - United States V. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.

Resource Law Notes Newsletter, No. 49, Spring Issue, Mar. 2000, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Getting Their Feet Wet: The Supreme Court And The Practical Implementation Of Treaty Rights In The Marshall Case, Phillip Saunders

Dalhousie Law Journal

Judicial decisions which recognize aboriginal or treaty rights to natural resources inevitably lead on to a process of negotiation, as governments and aboriginal and other users of the resource define the access and management regimes which allow for practical implementation of the legal rights. Courts should be cognizant of the impact of their decisions on such negotiations, and provide adequate clarity and substantive guidance to negotiators. This article considers the decisions of the Supreme Court of Canada in the Marshall case from this perspective, and details the shortcomings which made the prospects for successful negotiations less favourable. The weaknesses in …

Marshalling Principles From The Marshall Morass, Leonard Rotman

Dalhousie Law Journal

The Marshall case is the latest in a long series of Supreme Court of Canada decisions concerned with the interpretation of treaties between the Crown and aboriginal peoples in Canada. While the majority and minority judgments agreed on the principles of treaty interpretation to be applied in the case, the significant divergence in opinion between the majority and minority decisions provides important commentary on the differences between articulating and applying these principles. The Marshall case is also noteworthy for the manner in which it addresses similarities and differences pertaining to aboriginal and treaty rights. Because of these various traits, the …

An Empty Shell Of A Treaty Promise: R. V. Marshall And The Rights Of The Non-Status Indians, Pamela Palmater

Dalhousie Law Journal

One of the difficult issues presented by R. v. Marshall is that of who is a Mi'kmaq person, or more generally who is entitled to claim to be a beneficiary of the Treaties of 1760-61. This paper examines a number of possible approaches to this matter, including ones based on residence (on or off reserve), descent and the terms of the Indian Act. It notes the deficiencies of existing tests and of Canadian case law that has addressed Aboriginal identity in other contexts. It concludes by noting that the negotiations which must follow in the wake of Marshall present the …

Du Dialogue Au Monologue - Un Commentaire Sur I'Arrêt R. V. Marshall, Nathalie Des Rosiers

Dalhousie Law Journal

The author develops a model of constitutional dialogue which aims at helping the resolution of majority-minority conflicts. The model is applied to the aboriginal rights context. The author concludes that because of the ambivalences expressed by the Supreme Court of Canada in the Van der Peet case in particular, the federal government has not incorporated the Sparrow-Badger approach in its litigation and has failed even to attempt to comply with the justification requirements. This failure of the federal government to endorse the Sparrow-Badger approach in its continuing litigation strategy is the real tragedy in the Marshall case.

Was Amerindian Dispossession Lawful? The Response Of 19th-Century Maritime Intellectuals, D G. Bell

Dalhousie Law Journal

In the half-century ending about the time of Confederation a dozen writers addressed awkward questions about an earlier generation's dispossession of Maritime Amerindians from land and resources: had it been lawful; if so, how; if not, what should be done? In the main they approached it as an abstract question, divorced from those particulars of local history that would become the focus of late-20th-century investigation. Those who theorized that English tradition made dispossession lawful did so with reference to the doctrine of "discovery" or to the proposition, grounded in Locke and accepted widely in colonial public opinion, thatAmerindian possession of …

Multiple Authoritative Interpreters Of Quasi-Constitutional Federal Law: Of Tribal Courts And The Indian Civil Rights Act, Mark D. Rosen

All Faculty Scholarship

No abstract provided.

The Effect Of The United States Supreme Court's Decisions During The Last Quarter Of The Nineteenth Century On Tribal Criminal Jurisdiction, Christopher B. Chaney

Brigham Young University Journal of Public Law

No abstract provided.

Brief Of Intervenor - Plaintiffs/Petitioners - Appellees Puyallup Indian Tribe, Suquamish Indian Tribe And Swinomish Indian Tribal Community - United States V. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.

Brief Of Intervenor- Plaintiff/Appellee The Tulalip Tribes Of Washington - United States V. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.

Brief Of Appellant Muckleshoot Indian Tribe - United States V. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.

Messages From Frank's Landing: A Story Of Salmon, Treaties, And The Indian Way, Charles F. Wilkinson

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=b243280~S0

Contents: Muck Creek -- Nisqually River -- George Hugo Boldt -- Fort Lewis -- Wa He Lut -- Afterword

Resource Law Notes Newsletter, No. 48, Winter Issue, Jan. 2000, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.