Indigenous, Indian, and Aboriginal Law Commons^™

The Indian Claims Commission: Did The American Indians Really Have Their Day In Court? (Review Of Wild Justice By Michael Lieder & Jake Page), Richard J. Ansson Jr.

American Indian Law Review

No abstract provided.

Profile Of The Law Of The Navajo Nation, Bidtah N. Becker, Navajo Nation

Tribal Law Journal

The Navajo Nation is a non-IRA5 tribe and is not governed by a written constitution. The Navajo Nation government consists of a three-branch system. The nation has a six volume, twenty-four title6 code. Title II outlines the administration of tribal affairs, including the executive and legislative branches. Title VII outlines duties of the judiciary. The modern Navajo Nation government is best described as a western / traditional blend of governance.

Tribal Court Praxis: One Year In The Life Of Twenty Tribal Courts, Nell Jessup Newton

Journal Articles

For a presentation, I read the eighty-five cases published in the Indian Law Reporter during 1996. I was struck by the diversity of the issues, the difficulty, complexity and subtlety of the choice of law, and other procedural and substantive issues addressed. I was most impressed by the richness of the dialogue in tribal court opinions—a dialogue between the court and the tribal councils, tribal people, and members of the bar. One may also read the opinions as initiating a conversation with the general public. A conversation requires listening, however.

In this article, I will bring to light the work …

Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie

All Faculty Publications

There is a common perception that elements of mainstream society are disrespectful of Aboriginal culture. This article argues that developments in the law offer promise for the protection of Aboriginal "intellectual products," manifestations of Aboriginal culture reflecting their world-view. What Aboriginal peoples would like to see protected, however, are not so much words, pictures, or acts but rather the values, beliefs, and principles that give these meaning. Such, the author argues, are best protected by mechanisms internal to Aboriginal communities. Furthermore, the lack of such mechanisms would not justify the intrusion of Canadian law, but rather raises a call within …

Confederated Tribes Of The Warm Springs Reservation Water Rights Settlement Agreement, Confederated Tribes Of The Warm Springs Reservation Et Al

Native American Water Rights Settlement Project

Reservation, and long-term cooperative management of the waters. The Tribes shall not convert any existing non-consumptive use to a consumptive use. The Agreement designates the amounts of instream flows and diverted water for the Tribes. The Tribes have the first priority for their Tribal Reserved Water Right; however, existing State law water rights will not be curtailed in favor of the Tribal Reserved water right. The water right may be obtained from surface or groundwater. A part of the Tribal Reserved Water Right may be used off reservation, subject to federal, state and Tribal Law. While used on Reservation the …

Order Granting Motion For Extension, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.

Plaintiff's Reply To Intervenor-Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Intervenor-Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.

Plaintiff's Response To Bernalillo County's Proposed Uncontroverted Facts, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.

Resource Law Notes Newsletter, No. 41, Fall Issue, Aug. 1997, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Overextended Borrowing: Tribal Peacemaking Applied In Non-Indian Disputes, Carole E. Goldberg

Washington Law Review

Respected figures within the U.S. legal system are saying that the system could be improved by borrowing elements from Native American dispute resolution. To longtime students of Indian Law, this is a striking shift of rhetoric. Historically, non-Indian America has either ignored or dismissed tribal law, often characterizing tribes as lawless. But has the rhetoric merely shifted from condescension to impractical romanticizing? This article examines and analyzes the position taken by non-Indian advocates of borrowing from tribal justice systems and considers whether such borrowing can really work.

Wolf Warriors And Turtle Kings: Native American Law Before The Blue Coats, Rennard Strickland

Washington Law Review

One of the great myths of the white invention of the Indian was that there was no law among Native Americans before the white man except for a single Indian "primitive" legal system of blood revenge, uniform across the North American continent. This is not so. Law existed among Native Peoples long before white contact. Quite simply, the Indians had law. Before white contact, Native America nourished a rich and diverse system of law-a system of law that varied dramatically from people to people.

Indian Tribes And The Legal System, Ralph W. Johnson

Washington Law Review

This article surveys the past and present role of lawyers in the field of Indian law, from the absence of attorneys in early treaty negotiations through the formative role lawyers played in developing the federal trust relationship, to their modem role as "legal warriors" for the increasingly independent, autonomous tribes of today. To understand all the changes now occurring in Indian law, a review of the background is helpful. What follows is a synopsis of the significant events in Indian history, focusing on how the U.S. government initially treated Indians and the role the legal profession played in this treatment.

The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson

Washington Law Review

On June 5, 1997, Secretary of the Interior Bruce Babbitt and Secretary of Commerce William Daley signed a jointly-released Secretarial Order entitled "American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act"' The Order culminated a year-and-a-half of work by tribes and federal officials to craft an administrative system for resolving difficult questions involving tribal rights and the Endangered Species Act (ESA). The Order is important for the ESA's implementation. It also carries broader significance, for it serves as one major example of how the government-to-government relationship between the United States and Indian tribes can be successfully implemented.

Speaking To Tribal Judges On The Matter Of Improving Children's Court Practice In Child Abuse And Neglect Cases In Our Country: A Proposal For A Uniform Children's Code, Julian D. Pinkham

University of Michigan Journal of Law Reform

Since the 1970 the responsibilities of the tribal children's courts have increased dramatically. In child welfare case tribal courts no longer simply determine whether a child has been abused or neglected. They now also oversee the placement of the child in a shelter, foster care, or a permanent home, as well as determine the parent's treatment or visitation rights The complexity of the cases causes unacceptable delays in placing Indian children in need of care and hinders the placement of Indian children within the tribal community.

Judge Pinkham introduces a proposed solution to the problems of current tribal child welfare …

Indian Tribes And The Legal System, Ralph W. Johnson

Articles

This article surveys the past and present role of lawyers in the field of Indian law, from the absence of attorneys in early treaty negotiations through the formative role lawyers played in developing the federal trust relationship, to their modem role as "legal warriors" for the increasingly independent, autonomous tribes of today. To understand all the changes now occurring in Indian law, a review of the background is helpful. What follows is a synopsis of the significant events in Indian history, focusing on how the U.S. government initially treated Indians and the role the legal profession played in this treatment.

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …

In Re Jlw, A Minor Child, 93-Cs-01 (Blkft. Tr. Ct. App., Sept. 30, 1997), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed an appeal because all parties failed to show up, even after being served.

Deboo V. Sinclair, 91-J-16 (Blkft. Tr. Ct. App., Sept. 18, 1997), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court ordered the lower court to clarify how it came to its decision regarding the custody of minor children. The Court clarified that child custody determinations are left to the determination of the trial court in determining what is in the “best interests of the children.”

Intervenor-Defendant Bernalillo County's Memorandum In Opposition To Plaintiff's Motion For Summary Judgment And In Support Of County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins

Sandia Pueblo Mountain Claim

Intervenor-defendant Bernalillo County, New Mexico states its opposition to the Motion for Summary Judgment of Plaintiff Pueblo of Sandia (filed June 26, 1996) and joins in with and adopts the United States' Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment (filed June 27, 1997). Further, Defendant Bernalillo County moves the Court to grant it summary judgment on the same grounds on which it opposes Plaintiff's Summary Judgment Motion.

Bernalillo's County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins

Sandia Pueblo Mountain Claim

Defendant-Intervenor Bernalillo County, New Mexico adopts this cross-motion in support of the Federal Defendants' Cross-motion for Summary Judgment and Memorandum in Support (filed June 27, 1997). As set out in the Federal Defendants Memorandum in Support, the administrative record demonstrates that Secretary Hodel's decision not to grant the Pueblo's claim was fully supported by the record and was neither arbitrary nor capricious, and that Secretary Babbitt's inaction on the Pueblo's claim does not constitute reviewable final agency action and/or was not arbitrary and capricious.

Plaintiff's Reply To Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.

Nativeamericans And The Vaccine Act: Excluding Those We Found Here , James D. Leach

American University Law Review

No abstract provided.

Putting Martinez To The Test: Tribal Court Disposition Of Due Process, Christian M. Freitag

Indiana Law Journal

No abstract provided.

Justifying Repatriation Of Native American Cultural Property, Sarah Harding

Indiana Law Journal

No abstract provided.

Federal Defendants' Statement Of Genuine Issues In Response To Plaintiff's Statement Of Undisputed Facts, Andrew M. Eschen

Sandia Pueblo Mountain Claim

No abstract provided.

Tribe V. Goss, 96-Ca-2228 (Blkft. Tr. Ct. App., June 25, 1997), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court noted that the Blackfeet Tribal Law and Order Code, Ch. 8, Sec. 3 and the Indian Civil Rights Act are violated when a defendant is tried in absentia, until such time as the Law and Order Code is amended to allow a trial without the defendant present.

Reply Brief For Petitioners - Duwamish Indian Tribe V. United States, Docket No. 96-1607 (522 U.S. 806 (1997))

Duwamish Indian Tribe v. United States, Docket No. 96-1607 (522 U.S. 806 (1997))

No abstract provided.

San Carlos Apache Tribe Amendments To Act Of 1992, 1997 Amendment To The San Carlos Apache Tribe Water Rights Settlement, 105th Congress

Native American Water Rights Settlement Project

Federal Legislation: Department of the Interior, General Provisions - San Carlos Apache Tribe Amendments to Act of 1992, Chapter 5 of Emergency Supplemental Appropriations For Recovery From Natural Disasters, And For Overseas Peacekeeping Efforts, Including Those In Bosnia, PL 105-18, 111 Stat. 158, 181-187 (Jun. 12, 1997). Parties: US & San Carlos Apache Tribe. 1992 Settlement Act amended 3711 to move deadline to Mar. 31, 1999 & effect on deadline of submission of a proposed Settlement Agreement to Gila Adjudication court; and addition of certain parties & definitions to the 1992 Settlement Agreement. The provisions address the transfer of the …

Brief For The United States In Opposition - Duwamish Indian Tribe V. United States, Docket No. 96-1607 (522 U.S. 806 (1997))

Duwamish Indian Tribe v. United States, Docket No. 96-1607 (522 U.S. 806 (1997))

No abstract provided.

Brief In Opposition For Respondents The Tulalip Tribes, Muckelshoot Tribe, The Nisqually Tribe, The Puyallup Tribe And The Squaxin Island Tribe - Duwamish Indian Tribe V. United States, Docket No. 96-1607 (522 U.S. 806 (1997))

Duwamish Indian Tribe v. United States, Docket No. 96-1607 (522 U.S. 806 (1997))

No abstract provided.