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The Reservation Gambling Fury: Modern Indian Uprising Or Unfair Restraint On Tribal Sovereignty?, Brian M. Greene

Brigham Young University Journal of Public Law

No abstract provided.

History Of The Boundaries Of The Pueblo Of Sandia, 1748-1860, Stanley M. Hordes

Sandia Pueblo Mountain Claim

The purposes of this report are threefold: (1) to analyze the boundaries of the Pueblo of Sandia, as articulated and interpreted by Spanish, Mexican and U.S. Territorial authorities from the establishment of Sandia Pueblo in 1748 until the marking of the boundaries by the Office of Surveyor General in 1860; (2) to define the term, sierra madre in its proper historical context; and (3) to ascertain whether in 1748 Sandia Pueblo was populated by descendants of the original Sandia Pueblo people who had migrated to the Hopi country after the Pueblo Revolt of 1680, or, on the other hand, the …

Blackfeet Indian Tribe, Et Al. V. Lodgebuilder Mngmt. Inc., 95-Ca-417 (Blkft. Tr. Ct., Feb. 28, 1996), Blackfeet Tribal Court

Court Decisions

• In the Blackfeet Tribal Court, the court determined whether a defendant, Lodgebuilder, must provide the tribe with a warranty deed, pursuant to their agreement, despite the lack of cooperation from the tribe to comply with the Montana Subdivision and Platting Act.  

• The Court determined that the Act is the law of the State of Montana, not the Blackfeet Indian reservation. Lodgebuilder is a Blackfeet chartered business, and the president of Lodgebuilder is an enrolled member, doing business on the reservation. Therefore, the Tribal Court has exclusive jurisdiction over this action. Williams v. Lee, 358 U.S. 217 (1959), Fisher v. Dist. …

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In Re Tpg, A Minor Child, 95-Cs-02 (Blkft. Tr. Ct. App., Feb. 22, 1996), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that Common Law has been established for use in domestic matters. The Blackfeet Law and Order Code, Ch. 2, Sec. 2, does not bind the Tribe to State Law.

February 11, 1996, Letter From L. Udall, Irn, And D. Hunter,To Wb President J. Wolfensohn, Regarding 1st Revew Of Panel, David B. Hunter, Lori Udall

World Bank Inspection Panel 1994-Present

No abstract provided.

San Carlos Apache Tribe Water Rights Settlement Of 1992, Amendment Of 1996, United States 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Jan. 1996 Amendment to the San Carlos Apache Tribe Water Rights Settlement Act of 1992, PL 104-91, § 202| 110 Stat. 7, 14 (Jan. 6, 1996) Parties: US & San Carlos Apache Tribe. Extends Sec. 3711(b)(1) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (title XXXVII of Public Law 102–575) is amended by striking ‘‘December 31, 1995’’ and inserting ‘‘December 31, 1996’’. The effective date of changes is Dec. 31, 1995. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-104publ91/pdf/PLAW-104publ91.pdf]

Yavapai-Prescott Indian Tribe Water Rights Settlement Of 1994, Amendment Of 1996, United States 110th Congress

Native American Water Rights Settlement Project

Federal Legislation: An Act to require the Secretary of Commerce to Convey to the Commonwealth of MAs the National Marine Fisheries Service Laboratory Located on Emerson Avenue in Gloucester, MA, PL 104-91, § 201, 110 STAT. 7, 14 (Jan. 6, 1996). Parties: Yavapai-Prescott Tribe, AZ, Prescott, Chino Valley Irrigation District and US. Title II amends the Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994 by extending the effective date to June 30, 1996 and reviving a contract. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-104publ91/pdf/PLAW-104publ91.pdf]

Resource Law Notes Newsletter, No. 36, Winter Issue, Jan. 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.

Environmental Rights And Indigenous Wrongs, Mahnoush H. Arsanjani

St. Thomas Law Review

The early writers of international law were environmentally literate. Grotius, for example, in his great novel, The Law of War and Peace, prohibited certain potentially advantageous tactics because of their long-term environmental costs. But, the early writers lived in a preindustrial era, where it was reasonable to design a public order based on maximum access and use, and minimum regulation. After all, no matter how many wind driven ships sailed the ocean surface, the ocean would not "wear out." The industrial revolution irrevocably changed that reality. International concern about the protection of the environment began to take political form and …

Hozho Nahasdlii--We Are Now In Good Relations: Navajo Restorative Justice, Robert Yazzie

St. Thomas Law Review

Having illustrated American adjudication in a Western-style police model of justice, this essay will focus on Navajo justice concepts. It will show why, aside from the breakdown of police and social-work models within the Western-styled justice system, many Navajos prefer their traditional system of justice. As will be shown, the Navajo system of justice is based upon discussion, consensus, relative need, and healing. It is "restorative justice," which puts people in good relations with each other, and in continuing relationships. The Navajo system is "horizontal" or egalitarian law. It is illustrated as a circle where everyone is equal. In contrast, …

Naevahoo'ohtseme-We Are Going Back Home: The Cheyenne Repatriation Of Human Remains--A Woman's Perspective, Connie H. Yellowman

St. Thomas Law Review

I see many parallels between how the non-Indian media and general public reacted to the bombing in Oklahoma City, and the reaction of Native Americans to the repatriation of human remains. Now, more than ever, most Americans-especially Oklahomans-can truly comprehend why the emotional impact of a tragic event lasts for generations. Furthermore, the significance of the recovery and identity of human remains following the bombing parallels the Native American struggle for the recovery and return of the human remains of their relatives. Likewise, the issue of "the remaining right leg" can be correlated to "unidentifiable human remains." This article presents …

Development Of The Rights Of The Indigenous Child Under International Law, Cynthia Price Cohen

St. Thomas Law Review

In 1994, the United Nations dedicated the ten-year period starting December 10, 1994, as the Decade of the World's Indigenous People. At the end of the decade, children who were born during the International Year for the World's Indigenous People (1993) will be approaching puberty, while those who were pre-teens that year will have become young adults. It is a very significant time for indigenous children because, all over the world, indigenous families and tribal groups are beginning to receive the recognition that has so long been denied them. To a great extent, this is happening as the result of …

The Emerging System Of International Protection Of Indigenous Peoples' Rights, Mireya Maritza Pena Guzman

St. Thomas Law Review

This article addresses an emerging international trend toward recognizing and protecting the rights of indigenous peoples. The first part briefly describes the existing conflict and emphasizes the need for international legal intervention between the effects of state legislation and the interests of indigenous peoples. Some of the difficulties inherent in this analysis will be highlighted. The second part of this article discusses some of the principal international activities that have benefitted indigenous peoples. The third part analyzes certain fundamental propositions at the international legal level that are directly related to indigenous communities. Finally, this article concludes with some comments on …

The Beginnings Of The Inter-American Declaration On The Rights Of Indigenous Peoples, Osvaldo Kreimer

St. Thomas Law Review

No abstract provided.

'Trespassers, Beware': Lyda Burton Conley And The Battle For The Huron Place Cemetery, A. Kimberley Dayton

Faculty Scholarship

Lyda Burton Conley, Kansas attorney and direct descendant of the great Wyandot Chief Tarhe, appeared before the Supreme Court in January, 1910 to appeal a dismissal of a lawsuit she had filed against Secretary of the Interior James Garfield in 1907. She was seeking a permanent injunction to prevent the sale of a parcel of land in which her ancestors were buried, by the federal government to private developers. This case appears to be the first on record in which a plaintiff argued that the burying grounds and cemeteries of Native American peoples are entitled to federal protection. This lawsuit …

Tour On The Prairies Or Washington Irving And The Horseless Headman: A Stroll With Congress, The Court And Indian Nations At The Turn Of The Century, Kirke Kickingbird

St. Thomas Law Review

The view of the sovereignty of Indian nations varies within the ever-changing cycles of policy spanning two or three decades. Often, the different branches of the United States government have had conflicting points of view regarding Indian sovereignty. One can see moments in the distant past when tribal authority was clearly recognized, then challenged, then ignored and recognized again, as the cycle of Indian policy returned to its beginnings. The clear manifestation of sovereign power is exhibited in the exercise of governmental authority. This exercise, in turn, involves the use of legislative, executive, and judicial powers. While these observations may …

The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya

St. Thomas Law Review

No abstract provided.

The United Nations Draft Declaration On The Rights Of Indigenous Peoples, Julian Burger

St. Thomas Law Review

No abstract provided.

The Rise And Fall Of The Chacoan State, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Sovereignty As A Bar To Enforcement Of Executive Order 11246 In Federal Contracts With Native American Tribes, Vicki Limas

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Water Rights: Is The Quechan Tribe Barred From Seeking A Determination Of Reservation Boundaries In Indian Country, Judith Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Employment In Indian Country: Considerations Respecting Tribal Regulation Of The Employer-Employee Relationship, G. William Rice

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza

Michigan Journal of International Law

This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …

A Matter Of Trust: Federal Environmental Responsibilities To Native Americans Under Customary International Law, Karyn I. Wendelowski

American Indian Law Review

No abstract provided.

There And Back Again--An Indian Hobbit's Holiday: Indians Teaching Indian Law, G. William Rice

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

"I Fought The Law And The Law Won": A Report On Women And Disparate Sentencing In South Dakota, Frank Pommersheim, Christine Hutton, Steve Feimer

Faculty Publications

No abstract provided.

Tribal Court Jurisprudence: A Snapshot From The Field, Frank Pommersheim

Faculty Publications

No abstract provided.

Tribal Courts: Constitutional Decision Making And An Opportunity For Transformation, Frank Pommersheim

Faculty Publications

No abstract provided.

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Publications

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …

Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson

Publications

No abstract provided.