Indigenous, Indian, and Aboriginal Law Commons^™

Rocky Boy's Indian Reservation Compact, Mt, Chippewa-Cree Tribe

Native American Water Rights Settlement Project

Settlement - State Legislation: There is no stand alone settlement agreement: Water Rights Compact - MT, Chippewa-Cree Tribe of Rocky Boy's Reservation & US of 1997 (MCA 85-20-601) This Compact arose out of a MT state court water rights adjudication. It serves both as settlement agreement and state legislation. The Compact sets forth the Tribe’s rights and involve Stoneman Reservoir, East Fork Reservoir, Gravel Coulee, Lower Big Sandy Creek, Ancestral Missouri River Channel Aquifer, Box Elder Creek, Beaver Creek, Camp Creek, Duck Creek, Gorman Creek, Lake Elwell, Bonneau Reservoir, Brown’s Reservoir, and new impoundments. It identifies rights in groundwater and …

Petition For Writ Of Certiorari - 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.

Resource Law Notes Newsletter, No. 40, Spring Issue, Apr. 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.

Prosecuting The Fishery: The Supreme Court Of Canada And The Onus Of Proof In Aboriginal Fishing Cases, Peggy J. Blair

Dalhousie Law Journal

In Sparrow and other decisions, the Supreme Court of Canada has outlined certain tests which must be met by the Crown and defence in the trial of aboriginal fishing cases where s.35 rights are at issue. This article describes the shifting burdens of proof which have resulted from those tests. The author argues that the Supreme Court of Canada has imposed procedural and substantive requirements of proof on the defence which may in themselves be unconstitutional.

The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Reply Brief Of Plaintiff-Appellee/Cross-Appellant Indian Tribes - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

Reply Brief For The United States, Appellee/Cross-Appellant - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

Order Granting Motion To Intervene, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.

Joint Petition For Writ Of Certiorari - Confederated Tribes Of The Chehalis Indian Reservation V. Washington, Docket No. 96-1344 (520 U.S. 1168 (1997))

Confederated Tribes of the Chehalis Indian Reservation v. Washington, Docket No. 96-1344 (520 U.S. 1168 (1997))

No abstract provided.

Stipulation For Enlargement Of Time To Answer Complaint, Andrew M. Eschen

Sandia Pueblo Mountain Claim

No abstract provided.

Justifying Repatriation Of Native American Cultural Property, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

Vampires Anonymous And Critical Race Practice, Robert A. Williams Jr.

Michigan Law Review

I can only explain what Vampires Anonymous has done for me by telling my story. I know, stories, particularly autobiographical stories, are currently being dissed by some law professors. Raised in an overly obsessive, objectively neutralized cultural style, they are plain and simple Storyhaters. Their middle to upper class parents had money, a home in the burbs, and nice kids who were going to go on from their fancy grade schools and college preparatory gigs to Harvard/Stanford/Yale - all those types of pricey places where law professors usually come from. These kids were raised to be objective, neutral, neutered, fair, …

Reply Brief Of Intervenors- Defendants/Appellants "Private Owners" And Answering Brief Of Cross-Appellees - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

Reply Brief Of Defendant/Appellant/Cross-Appellee State Of Washington - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

Reply Brief Of Intervenor-Defendants/Appellants Adkins, Et Al., And Their Brief In Answer To Plaintiffs' Cross Appeal - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

Reply Brief Of Intervenor-Defendants/Appellants Puget Sound Shellfish Growers And Opposition Brief To Plaintiffs' Cross-Appeal - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

Reply Brief Of Intervenor-Defendant/Appellant 26 Tideland And Upland Private Property Owners ("Upow") - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

At Loggerheads : The State Of Maine And The Wabanaki : Final Report Of The Task Force On Tribal-State Relations, Maine Indian Tribal-State Commission

Maine Collection

At Loggerheads : The State of Maine and the Wabanaki : Final Report of the Task Force on Tribal-State Relations.

Maine Indian Tribal-State Commission. Task Force on Tribal-State Relations.

Hallowell, Me., 1997.

Contents: Prologue / Task Force on Tribal-State Relations / Executive Summary / A.Overview / B.Recommendations / C.The Maine Indian Claims Settlement / D.The Maine Indian Tribal-State Commission / E.Findings and Analysis / Appendices

Resource Law Notes Newsletter, No. 39, Winter Issue, Feb. 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.

The 1997 Water Rights Settlement Between The State Of Montana And The Chippewa Cree Tribe Of The Rocky Boy's Reservation: The Role Of Community And Of The Trustee, Barbara Cosens

Articles

No abstract provided.

Development Projects And Project-Affected Peoples: The Need To Advance Sustainable Development By Establishing An International Development Institutions Inspection Panel To Redress Grievances, Ram Anand Shankar

LLM Theses

Indigenous and tribal communities are frequently affected by development projects in an adverse manner. Often they do not have any effective way of redressing their grievances, particularly against noncompliance of environmental guidelines and rules by International Development Institutions. This thesis explores avenues open to affected peoples to redress their grievances regarding the negative impacts of development projects. The thesis begins by defining "Project Affected Peoples," explores the concept of sustainable development, and suggests consequent principles for development projects. Then follows an examination of an existing grievance-redressal mechanism, the World Bank Inspection Panel, which has been mandated to redress complaints from …

Common Roots But Modern Divergences: Aboriginal Policies In Canada And The United States, Bradford W. Morse

St. Thomas Law Review

In this essay, I will attempt to provide an overview of some of the major issues that confront Aboriginal and non-Aboriginal Canadians in their search to forge a reconciliation that overcomes historic injustices committed upon the First Peoples of the land now known as Canada and to establish a new relationship built upon trust and mutual respect. I will also offer some insights on the negotiations underway acquired from the vantage point of someone who has served as a legal advisor to many First Nations and Aboriginal organizations for sixteen years, followed by three years as chief of staff to …

The Legal Adventures Of Fortunate Eagle: The Activist Formerly Known As Adam Nordwall, Adam Fortunate Eagle

St. Thomas Law Review

No abstract provided.

Tribal Chair's Perspective On Inherent Sovereignty, Billy Evans Horse, Luke E. Lassiter

St. Thomas Law Review

No abstract provided.

Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley

Scholarly Articles in Law Reviews & Journals

What can the Navajos do to prevent non-Navajos from using Navajo rug patterns to produce rugs overseas using cheap material and labor, thereby undercutting the Navajos themselves in a market for their famous rugs? What can the Australian Aboriginal peoples do when their sacred and secret imagery is reporduced on carpets they did not make, and sold to non-Aboriginals, who will inevitably walk on them? Do these communities have any legal rights to these pieces of their culture? Does the law provide any means for them to take back their culture or to prevent further poaching? https://papers.ssrn.com/sol3/papers.cfm?abstract_id=923410

Humanity And Humaneness: Communities Coming Together On Issues Of Human Relations To Achieve Social Justice For Indigenous Peoples, Harry Lee Anstead

St. Thomas Law Review

No abstract provided.

Tribal Sovereignty In The Twenty-First Century, Lawrence Hart

St. Thomas Law Review

No abstract provided.

Tribal Courts: Protectors Of The Native Paradigm Of Justice, B.J. Jones

St. Thomas Law Review

The University of North Dakota School of Law provides training and technical assistance to some twenty-one tribal courts in the Dakotas and Minnesota. These courts vary in size and jurisdiction. For example, the Oglala Sioux Tribal Court2in South Dakota, on a per capita basis, handles quite possibly the largest caseload of any court in the nation, and the smaller courts in Minnesota, because of Public Law 280, handles limited disputes. All of these courts, regardless of size or docket pressures, are attempting to resolve disputes that arise within the reservation community in a manner that is loyal to the indigenous …

Navajo Peacekeeping: Technology And Traditional Indian Law, Robert Yazzie

St. Thomas Law Review

No abstract provided.

In Re Est. Of Dauphinais Bird, 97-P-03 (Blkft. Tr. Ct. App., 1997), Blackfeet Appellate Court

Court Decisions

• Decedent passed away without having an established will. Darrell W. Bird filed an application for informal appointment as personal representative, and soon after decedents mother, father, and her stepfather also filed to be personal representative.  

• All applicants and their counsel met for a hearing, under which the Court heard testimony and took evidence. At its end, the Tribal Court ordered the appointment of Darrell W. Bird and Jame B. Dauphinais, decedents father, as co-personal representatives.  

• Decedent’s mother, Ramona Jackson, appealed the order while the father and stepfather did not. The father did file an amicus brief after the expired time …

  ---

  Go to article