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Chief Justice Rehnquist And The Indian Cases, Ralph W. Johnson, Berrie Martinis

Articles

Since his appointment to the United States Supreme Court, Chief Justice William H. Rehnquist has guided significant changes in Indian law. He has articulated new tests for determining the status of tribes and their powers as sovereign nations. He has voted to disestablish tribes and limit their sovereign powers. He has voted to allow states to exercise jurisdiction over Indian and non-Indian activities and property on reservations.

The articulation of a legal philosophy is generally accepted, expected, and probably necessary for a Supreme Court Justice. At the same time it is instructive to know the views of the members of …

Identity As Idiom: Mashpee Reconsidered, Jo Carrillo

Faculty Scholarship

No abstract provided.

Affidavit Of Arthur Gardenswartz, Arthur Gardenswartz

Sandia Pueblo Mountain Claim

No abstract provided.

Affidavit Of Paul Fore, Paul Fore

Sandia Pueblo Mountain Claim

No abstract provided.

Tribe V. Bird, 94-Ap-14 (Blkft. Tr. Ct. App., Dec., 10, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reprimanded a defendant who exhibited inappropriate behavior towards a Judge when he did not have a proper mental state during arraignment. His negative mental state was supported by a report from a doctor-psychologist at IHS. While the prosecution and the Court dismissed three total contempt charges, the Court further ordered the defendant to apologize to the lower court judge for his actions towards her.

Proceedings In Regard To The Construction Of The Mission And Pueblo Of Our Lady Of Sorrow Of Sandia, Concerning Which This Attestation, To The Letter, Is Sent To The Superior Government Of This New Spain As Will Be Perceived Within Etc., Fray Juan Miguel Menchero, Joachin Codallos Y Rabal, Bernardo Antonio De Bustamante Y Tagle, Myra Ellen Jenkins

Sandia Pueblo Mountain Claim

This is a copy of a translation with the original text of the Spanish document granting land to the Pueblo of Sandia.

An Act To Provide For The Settlement Of The Water Rights Claims Of The Yavapai-Prescott Indian Tribe In Yavapai County, Az, And For Other Purposes, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: An Act To Provide for the Settlement of the Water Rights Claims of the Yavapai-Prescott Indian Tribe in Yavapai County, Arizona, and for Other Purposes, P.L. 103-434, 108 Stat. 4526 (Oct. 31, 1994. Parties: Yavapai-Prescott Indian Tribe, AZ, Prescott, Chino Valley Irrigation District & US. Title I of the Act is the Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994, which ratifies the Settlement Agreement entered into by the Tribe, AZ, US, Prescott, and the Chino Valley Irrigation District. It provides for the settlement of all water between and among the parties. The Secretary is authorized to …

Yavapai-Prescott Indian Water Rights Settlement Act Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: Title 1, Sec. 101(b)(5) of An Act to Provide for the Settlement of the Water Rights Claims of the Yavapai-Prescott Indian Tribe in Yavapai County, AZ, and for Other Purposes, PL103-434 (OCT. 31, 1994) Title 1, Sec. 101(b)(5) repeals section 406(k) of Public Law 101-628 which authorizes $30,000,000 in appropriations for the acquisition of land and water resources in the Verde River basin and for the development thereof as an alternative source of water for the Fort McDowell Indian Community. [Source: http://www.gpo.gov/fdsys/pkg/STATUTE-108/pdf/STATUTE-108-Pg4526.pdf]

In Re Vtwm And Other Similarly Situated Youth, 94-Ap-24 (Blkft. Tr. Ct. App., Oct. 27, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court granted a Writ of Habeas Corpus, on behalf of several incarcerated youth. The Court reasoned that resolution 254-93 did not repeal Ch. 7 of the Blackfeet Law and Order Code nor did the resolution enact a new Juvenile Code as law. Under the then Juvenile Code, detention of juveniles beyond their initial order of detainment, without a properly filed petition for further detainment, was unlawful. The Juveniles rights were violated by not holding a hearing each time detention order was granted.

In Re Vtwm And Other Similarly Situated Youth, 94-Ap-24 (Blkft. Tr. Ct. App., Oct. 27, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court granted a Writ of Habeas Corpus, on behalf of several incarcerated youth. The Court reasoned that resolution 254-93 did not repeal Ch. 7 of the Blackfeet Law and Order Code nor did the resolution enact a new Juvenile Code as law. Under the then Juvenile Code, detention of juveniles beyond their initial order of detainment, without a properly filed petition for further detainment, was unlawful. The Juveniles rights were violated by not holding a hearing each time detention order was granted.

Resource Law Notes Newsletter, No. 32, Fall Issue, Aug. 1994, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Reservation Geography And The Restoration Of Native Self-Government, Robert White-Harvey

Dalhousie Law Journal

Recognition of the spatial aspects of Indian settlement on reserves is vital to understanding the potential for Native self-government. In particular, the number and size of reserves, as well as the remoteness, accessibility and dispersal of Native land holdings must be considered. They can impact on the viability and cost of Native courts and institutions, the solidarity of bands, and the economic livelihood of reserve residents. As Native self-government is fleshed out in constitutional reform talks and experiments in limited self-government, it is not widely known that all of the reserves in every province of Canada combined would not cover …

A Note About In The Rapids, Wendy Whitecloud

Dalhousie Law Journal

In The Rapids presents the views of the authors regarding First Nations people in Canada and the issues confronting them as individuals, within their nations, and within their communities. Mary Ellen Turpel and Ovide Mercredi are both First Nations Individuals. They share their own points of view and provide information with respect to these issues in their book. Throughout the book the authors share information by canvassing issues like the significance of Treaties to First Nations people; the provisions of the Indian Act and its effects on First Nations people; disputes over lands and resources; the social consequences of the …

Provincial Fiduciary Obligations To First Nations: The Nexus Between Governmental Power And Responsibility, Leonard I. Rotman

Osgoode Hall Law Journal

The Canadian Crown's fiduciary duty to First Nations is entrenched in Canadian Aboriginal rights jurisprudence. More than ten years after the Supreme Court of Canada's decision in Guerin, however, yet to be ascertained are the various emanations of the Crown bound by that duty. This paper argues that both federal and provincial Crowns are properly bound by fiduciary obligations to First Nations. It also suggests that the basis of this assertion may be found in existing jurisprudence, the Canadian Constitution, the spirit and intent of Indian treaties, and in Aboriginal understandings of "the Crown."

Essay: Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier

BYU Law Review

No abstract provided.

Blackfeet Indian Housing Authority V. Augare, 93-Ap-22 (Blkft. Tr. Ct. App., July 12, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal court of Appeals, the Court denied a motion, by the Respondent Blackfeet Indian Housing Authority to dismiss a claim, because the Appellant Augare did not have the statutorily prescribed time available to respond prior to the Tribe’s motion to dismiss.

Wilson V. Marchington, Et Al., 93-Bsc-02 (Blkft. Sup. Ct., July 1, 1994), Blackfeet Appellate Court

Court Decisions

In an appeal to the Blackfeet Supreme Court, the Court partially affirmed a decision of the Blackfeet Court of Appeals, holding for the plaintiff, except on the issues of: Issue 1) whether the trial court’s having allowed testimony as to the economic loss of a non-party, plaintiff’s husband, was in error [defendant’s specification of error 2]; Issue 2) whether the trial court’s having allowed the jury to take a “damage chart” into the jury room during its deliberations was error [defendant’s specification of error 7]; and Issue 3) whether plaintiff’s attorney’s reference to punitive damages in closing argument was error …

Agenda: Water Organizations In A Changing West, University Of Colorado Boulder. Natural Resources Law Center

Water Organizations in a Changing West (Summer Conference, June 14-16)

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches and James N. Corbridge, Jr.

Water organizations in the western United States range from small, traditional acequia associations to large metropolitan water suppliers. What do these vastly different kinds of organizations have in common? All are feeling the pressures of change in the region--growing urban populations, environmental concerns, and calls for public participation.

This year's summer program will examine how water organizations are adapting to these pressures for change. Speakers drawn from urban, agricultural, and community organizations will share their experiences …

Duncan Energy V. Three Affiliated Tribes (1994), United States Court Of Appeals, Eighth Circuit

US Government Documents Related to Indigenous Nations

This court case, decided on June 8, 1994, was the result of an appeal of an earlier decision made on September 28, 1992. This suit was initially filed by Duncan Energy (and others) who were operating oil and gas wells in the northeast quadrant of the Fort Berthold Reservation. They contended that the northeast quadrant of land was not part of the Reservation per the act of 1910 and as such they were not subject to taxation and employment ordinances set by the Three Affiliated Tribes. The 1992 ruling found that act of 1910 did not diminish the Reservation and …

In Re Ronald Four Horns, 94-Ap-06 (Blkft. Tr. Ct. App., June 6, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court determined that the legal wife of the decedent, has the legal authority to determine the final resting place of her husband. No evidence was displayed to contradict the wife’s claim that her husband wished to be buried where his wife said he did.

Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, Amendments Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1994, Sec. 1. PL 103-263, 108 Stat. 575. Amending PL 102-374 by adding provisions assigning responsibility of cost of environmental compliance for Tongue River Dam Project to the US, including reimbursements to MT. [Source| http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1994&isCollapsed=false&leafLevelBrowse=false&isDocumentResults=true&ycord=1025]

San Carlos Apache Tribe Water Rights Settlement Act Of 1992, Amendment Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation| 1994 Amendment to the San Carlos Apache Tribe Water Rights Settlement Act of 1992, in Indian Laws Technical Corrections (May 31, 1994) at Sec 2. PL 103-263, 108 Stat. 575 Parties: San Carlos Apache Tribe & US. Amending Sec. 3704(d) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (Public Law 102-575 amended by deleting "reimbursable'' and inserting in lieu thereof "nonreimbursable". [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1994&isCollapsed=false&leafLevelBrowse=false&isDocumentResults=true&ycord=1025]

Heavy Runner V. Heavy Runner, 93-Ap-11 (Blkft. Tr. Ct. App., May 11, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals the Court decided that the Blackfeet Tribal Court shall grant Full Faith & Credit to State Court Judgements, in this case the Flathead County District Court of Kalispell. The Court found that the lower tribal court erred in accepting jurisdiction over a dissolution of marriage petition which had been previously granted by the District Court of Kalispell. Respondent had an opportunity to appear in the State District Court to contest the divorce, but chose not to. A Decree of Dissolution was granted to the petitioner. The lower tribal court was ordered to make …

In Re Reprimand Of Davis & Haffeman, 93-Ap-27 (Blkft. Tr. Ct. App., May 11, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that attorney discipline for misconduct is an administrative decision that does not require a show cause hearing to decide the controversy. Rather, the attorneys are entitled to an administrative panel. Attorneys facing reprimand for misconduct may be allowed to complete their current case load, at the Courts discretion, until a final decision is made to determine their ability to practice law in tribal courts.

In Re Reprimand Of Davis & Haffeman, 93-Ap-27 (Blkft. Tr. Ct. App., May 11, 1994), Blackfeet Tribal Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that attorney discipline for misconduct is an administrative decision that does not require a show cause hearing to decide the controversy. Rather, the attorneys are entitled to an administrative panel. Attorneys facing reprimand for misconduct may be allowed to complete their current case load, at the Courts discretion, until a final decision is made to determine their ability to practice law in tribal courts.

Technical Corrections In Certain Indian Laws, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This United States (US) House report from the Committee on Natural Resources, dated April 19, 1994, was written to accompany US Senate Bill 1654 which proposed technical corrections to existing Indian laws. This report provides a background on US Senate Bill 1654 and proposes amendments. Among other corrections, the bill proposes to amend the White Earth Reservation Land Settlement Act of 1985 and to extend the allotted time for land transfers as written in the Three Affiliated Tribes and the Standing Rock Sioux Tribe Equitable Compensation Act. US Senate Bill 1654 became US Public Law 103-263 on May 31, 1994.

Resource Law Notes Newsletter, No. 31, Spring Issue, Apr. 1994, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Bones Of Contention: The Regulation Of Paleontological Resources On The Federal Public Lands, David J. Lazerwitz

Indiana Law Journal

No abstract provided.

In Re Ric, A Minor Child, 93-Ap-26 (Blkft. Ft. Ct. App., March 4, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court rescinded an order of the lower court which grated permanent custody to the mother because the child’s father was denied due process when he was not given any notification of the hearing. Even though there were attempts to locate the father, service could not be made. The Blackfeet Tribal Code allows for service by publication in the local newspaper, which was not attempted. The Court further ordered the father to keep his current address updated with law enforcement or his attorney.

Resource Law Notes Newsletter, No. 30, Winter Issue, Jan. 1994, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.