Indigenous, Indian, and Aboriginal Law Commons^™

The Indian Child Welfare Act: Guiding The Determination Of Good Cause To Depart From The Statutory Placement Preferences, Denise L. Stiffarm

Washington Law Review

Since 1978, custody proceedings involving Indian children have been subject to the provisions of the Indian Child Welfare Act. The substantive provisions of the Act set forth placement preferences for state courts to follow when determining adoptive, preadoptive, and foster care placement of Indian children. While the Act directs that the preferences are to be followed in the absence of good cause to the contrary, it does not include a corresponding definition of what constitutes good cause. The result under this vague standard has been a lack of uniformity in state court treatment of the "good cause" determination. This Comment …

Roundtable Discussion, Edgar J. Asebey, Jonathan I. Charney, Christopher C. Joyner, Lee A. Kimball, Catherine Tinker, Daniel W. Simcox

Vanderbilt Journal of Transnational Law

Mr. Asebey: I agree with Professor Tinker absolutely about indigenous rights. But one thing we did not focus on very much, and I think is one of the most important aspects of conservation, is not how many species are or are not lost, and what the satisfactorily verifiable data establishes. If you go to Latin American and other developing countries, the people closest to biodiversity are the people who are most impacted by deforestation and some other destructive uses. These people who depend on the forest or the biosystems for their living, for their survival, they are being displaced all …

Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters

Osgoode Hall Law Journal

This article examines the eighteenth century case of Mohegan Indians v. Connecticut in order to determine its significance for arguments about the legal status of Aboriginal customary law and government in British North America. The article concludes that the Mohegan case confirms that in certain circumstances native nations on reserved lands in British colonies were subject, not to colonial jurisdictions established for settlers, but to their own traditional customs and institutions. It also concludes that the case is less clear than some recent commentators have suggested about whether British law recognized such nations as having rights of sovereignty.

Relations Of Force And Relations Of Justice: The Emergence Of Normative Community Between Colonists And Aboriginal Peoples, Jeremy Webber

Osgoode Hall Law Journal

This paper argues that Aboriginal rights are best understood as the product of cross-cultural interaction-not, as is usually supposed, the result of some antecedent body of law (English, international, or Aboriginal). Aboriginal rights are therefore intercommunal in origin. The paper does describe the process by which this body of law emerged, but its primary vocation is theoretical, concerned with the following questions: How can a normative community emerge in the presence of profound cultural divisions? How can relations of justice emerge in a context dominated by power and coercion? How does moral reasoning draw upon the factual relations of the …

Reply Brief Of Appellants Washington Harvest Divers Association - United States V. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.

State's Response Brief - United States V. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.

Brief Of Plaintiff/Appellee Tribes - United States V. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.

Appellant's Brief - United States V. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.

Opening Brief Of Appellants - United States V. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

United States v. Washington, Docket Nos. 95-35442, 95-35446 (86 F.3d 1499 (9th Cir. 1996))

No abstract provided.

Reply Brief For Appellants - United States V. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.

Brief Of The Appellee Lummi Indian Nation - United States V. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.

Brief For Appellee United States Of America - United States V. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.

Brief For Appellee Indian Tribes - United States V. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.

Appellee Lummi Indian Nation Brief - United States V. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.

In Re Whitegrass Children, 95-Ap-12 (Blkft. Tr. Ct. App., July 17, 1995), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court considered whether: 

• A case is appealable; 

• What constitutes proper service; 

• A pleading is sufficient to warrant removal and immediate hearing; 

• The evidence is sufficient to substantiate separation of children; and 

• Necessity of written opinion in explanation 

• The Court determined that: 

• When due process and the rights of minor children are in jeopardy of being violated, the Court will intervene and accept the appeal; 

• The Blackfeet Law and order Code, Ch. 9, Rule 12, Sec. D-1 specifies that service of process shall be made valid upon an individual sixteen years of age …

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Brief For Appellee State Of Washington - United States V. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

United States v. Washington, Docket No.95-35202 (98 F.3d 1159 (9th Cir. 1996))

No abstract provided.

Yavapai-Prescott Indian Tribe Water Rights Settlement Of June 29, 1995, Yavapai-Prescott Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Yavapai-Prescott Indian Tribe Water Rights Settlement of June 29, 1995. Parties: Yavapai-Prescott Indian Tribe, AZ, US, City of Prescott & Chino Valley Irrigation District (CVID). The Tribe Prescott under a Water Services Agreement. The Tribe has the right to develop groundwater resources in accordance with a groundwater management plan developed by the Tribe for on-Reservation use. Reservation effluent may be used on Reservation or sold to off-reservation users. The Tribe’s use of settlement water on-reservation is unrestricted. Shortage management is addressed. The Tribe may develop a tribal water code. The Tribe may sell its CAP contract entitlement which …

Managing Reclamation Facilities For Ecosystem Benefits, Lawrence J. Macdonnell

Sustainable Use of the West's Water (Summer Conference, June 12-14)

26 pages.

Contains references.

Conservation At The Zuni Pueblo: Lessons In Sustainability, James E. Enote

Sustainable Use of the West's Water (Summer Conference, June 12-14)

7 pages.

Contains references.

Washington State Initiatives For Sustainable Water Use, Kenneth O. Slattery

Sustainable Use of the West's Water (Summer Conference, June 12-14)

8 pages.

A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman

Sustainable Use of the West's Water (Summer Conference, June 12-14)

47 pages.

Contains footnotes.

Restoring The Rio Grande—What Will It Take?, Denise Fort

Sustainable Use of the West's Water (Summer Conference, June 12-14)

18 pages.

Contains 1 page of references.

The Henry’S Fork: Finding Mutual Interest In The Watershed, Janice M. Brown, Dale L. Swensen

Sustainable Use of the West's Water (Summer Conference, June 12-14)

9 pages.

Contains references.

Arizona Water Management: New Problems And New Solutions, Herb Dishlip

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Agriculture’S Cap Experience: Sustainability For Whom?, Paul N. Wilson

Sustainable Use of the West's Water (Summer Conference, June 12-14)

23 pages.

Contains endnotes and references.

Sustainability: Myth And Reality, Kai Lee

Sustainable Use of the West's Water (Summer Conference, June 12-14)

23 pages (includes illustrations).

Contains references.

Sustainable Use Of Natural Resources: A Native American Perspective, Ted Strong

Sustainable Use of the West's Water (Summer Conference, June 12-14)

27 pages.

Contains footnotes.

Politics, Engineering And Aridity—Sustainable Use Of Water In Arizona, Michael J. Brophy

Sustainable Use of the West's Water (Summer Conference, June 12-14)

26 pages (includes illustrations).

Decisionmaking And The Eis On Operations Of Glen Canyon Dam, Rick L. Gold

Sustainable Use of the West's Water (Summer Conference, June 12-14)

16 pages.

Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center

Sustainable Use of the West's Water (Summer Conference, June 12-14)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.

Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …