Indigenous, Indian, and Aboriginal Law Commons^™

Recent Developments: Environmental Law, Taxation Of Natural Resources, Water Rights Cases, Kevin K. Washburn

American Indian Law Review

No abstract provided.

Narragansett Indian Tribe Of Rhode Island V. Narragansett Electric Company: When Dependent Indian Communities Fall Within Indian Country, Brent Eckersley

American Indian Law Review

No abstract provided.

American Indian Legal History And The American Indian Woman (Review Of Changing Woman By Karen Anderson), Richard J. Ansson Jr.

American Indian Law Review

No abstract provided.

Providing For The Health Care Needs Of Native Americans: Policy, Programs, Procedures, And Practices, Rose L. Pfefferbaum, Betty Pfefferbaum, Everett R. Rhoades, Rennard J. Strickland

American Indian Law Review

No abstract provided.

Our Land Is What Make Us Who We Are: Timber Harvesting On Tribal Reservations After Nifrma, Darla J. Mondou

American Indian Law Review

No abstract provided.

Fashioning A Comprehensive Environmental Review Code For Tribal Governments: Institutions And Processes, Dean B. Suagee, Patrick A. Parenteau

American Indian Law Review

No abstract provided.

Protecting Profits Derived From Tribal Resources: Why The State Of Utah Should Not Have The Power To Tax Non-Indian Oil And Gas Lessees On The Navajo Nation's Aneth Extension: Texaco, Exxon, And Union Oil V. San Juan County School District--A Case Study, Richard J. Ansson Jr.

American Indian Law Review

No abstract provided.

The Indian Child Welfare Act In The Face Of Extinction, Sloan Phillips

American Indian Law Review

No abstract provided.

Human Rights Of Indigenous Peoples: Will The United States Rise To The Occasion?, Dean B. Suagee

American Indian Law Review

No abstract provided.

The Lost Indians Of The Lost Colony: A Critical Legal Study Of The Lumbee Indians Of North Carolina, Cindy D. Padget

American Indian Law Review

No abstract provided.

Greed, Goons And Genocide: The Essays Of Ward Churchill (Review Of From A Native Son: Selected Essays On Indigenism, 1985-1995 By Ward Churchill), Peter C. Astor

American Indian Law Review

No abstract provided.

A Glimmer Of Hope: A Proposal To Keep The Indian Child Welfare Act Of 1978 Intact, Jose Monsivais

American Indian Law Review

No abstract provided.

Frozen Rights In Canada: Constitutional Interpretation And The Trickster, John Borrows

American Indian Law Review

No abstract provided.

Seminole Tribe V. Florida - Extinction Of The "New Buffalo?", Michael Grant

American Indian Law Review

No abstract provided.

Tribal Court General Civil Jurisdiction Over Actions Between Non-Indian Plaintiffs And Defendants: Strate V. A-1 Contractors, Jamelle King

American Indian Law Review

No abstract provided.

The Tribal Exhaustion Doctrine: "Just Stay On The Good Roads, And You've Got Nothing To Worry About", Phillip Allen White

American Indian Law Review

No abstract provided.

Youpee V. Babbitt - The Indian Land Inheritance Problem Revisited, Michelle M. Lindo

American Indian Law Review

No abstract provided.

Recent Developments In American Indian Law

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 1997 Native American Law Student Association Moot Court Competition, Tim Reynon, Paul Echohawk

American Indian Law Review

No abstract provided.

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 …

What's Law Got To Do With It?: The Protection Of Aboriginal Title In Canada, Patrick Macklem

Osgoode Hall Law Journal

This essay presents and contrasts two narratives on the past and future of the law of Aboriginal title. The first narrative, drawn from the Final Report of the Royal Commission on Aboriginal Peoples, grounds the law of Aboriginal title in inter-societal norms that enabled the mutual coexistence of colonists and settlers in North America. It locates Aboriginal territorial dispossession in colonial policies and practices that failed to conform to the spirit of mutual coexistence, and calls on governments to provide Aboriginal people with lands and resources necessary for self-sufficiency. The counter-narrative describes the law of Aboriginal title as a relatively …

Aboriginal Rights And The Constitution: A Story Within A Story?, Darlene Johnston

All Faculty Publications

Proponents of group rights generally point to section 35 of Canada's Constitution Act 1982 as the prime example of legal rights being vested explicitly in groups. Section 35 declares that 'the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.' In this paper, the author examines the 1990 Supreme Court of Canada decision in R. v. Sparrow, a leading case on section 35, and its application to a fishing rights case involving her own community, the Nayaashiinigmiing, a reserve belonging to the Saugeen Ojibway Nation.

Opinion Denying Defendants' Motion To Dismiss, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.

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.

Opening 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.

1996 Amendment To The San Carlos Apache Tribe Water Rights Settlement, United States 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: 1996 Amendment to the San Carlos Apache Tribe Water Rights Settlement Act of 1992, PL 104-261, § 3,100 Stat. 3176 (Oct. 9, 1996). Parties San Carlos Apache Tribe & US. Section 3711(b)(1) of Title XXXVII of the San Carlos Apache Tribe Water Rights Settlement of 1992 (106 Stat. 4752) is amended by striking `December 31, 1996' and inserting `June 30, 1997'. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]

Jicarilla Apache Water Rights Settlement Act Amendment Of 1996, United States 104th Congress

Native American Water Rights Settlement Project

Federal legislation: Act of October 9, 1996 - Sec. 2, Amendment to the Jicarilla Apache Water Rights Settlement Act of 1992, PL 104-261 §2, 110 Stat. 3176. Parties: Jicarilla Apache Nation and US. An amendment to the Settlement Act of 1992 to move the adjudication decree deadline from December 31, 1996 to December 31, 1998. Related to rights in the Rio Chama drainage. [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&searchPath=United+States+Statutes+at+Large+%28Digitized%29%2F1992&leafLevelBrowse=false&isCollapsed=false&isOpen=true&ancestors=root&packageid=STATUTE-106&ycord=1248]

Resource Law Notes Newsletter, No. 38, Fall Issue, Aug. 1996, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.

Reflections From The Seventh American Forest Congress: Some Thoughts For National Forest Management, William R. Bentley

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

21 pages.

Contains endnotes and references.