Indigenous, Indian, and Aboriginal Law Commons^™

Introduction: Symposium On Native American Law, Milner S. Ball

Scholarly Works

The Symposium gathered here is a wonderfully illuminating core sample of contemporary legal scholarship on the relationship between the American government and Native Americans.

Legitimation And Statutory Interpretation: Conquest, Consent, And Community In Federal Indian Law, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Making Certain Technical Corrections, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This report from the United States (US) Senate Committee on Indian Affairs dated November 19, 1993, was written to accompany US Senate Bill 1654 which proposes technical corrections to Indian laws. The report specifies that US Senate Bill 1654 proposes to extend the deadline for the sale of lands to their former owners (per the specifications of US Public Law 102-575 which contains the “Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act”). US Senate Bill 1654 became US Public Law 103-263 on May 31, 1994.

In Re Decarlo Children, 93-Ap-24 (Blkft. Tr. Ct. App., Nov. 9, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court denied a petition for a Writ of Habeas Corpus, filed by the natural mother of two children. The children were removed from her custody and placed with their grandmother. The Court denied the Writ pursuant to Ch. 11, Se. 26 of the Blackfeet Law and Order Code. The Court found there wasn't sufficient grounds for removal of the children from theri grandmother and subsequently recommended the lower court immediately hold a hearing to determine temporary custody of the children to prevent further unnecessary detainment.

Resource Law Notes Newsletter, No. 29, Fall Issue, Aug. 1993, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Tribe V. Weatherwax, 93-Ap-13 (Blkft. Tr. Ct. App., Aug. 19, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court dismissed a DUI charge because the trial judge erred in the admission of evidence offered by the prosecution. The error occurred when proper foundation was not established to warrant admission of the evidence in accordance with the Rules of Evidence.

Allotment In Severalty On The Northern Ponca Reservation: The Geography Of Disposession, Oliver Raimund Froehling

Department of Geography: Dissertations, Theses, and Student Research

In 1890 the Ponca Reservation in Knox and Boyd county was parcelled up and each individual Ponca received a plot of land as his or her own. The remaining 72,000 acres were opened for settlement under the Homestead Act. During the next few decades, most of the remaining Ponca lands held by individuals were sold to non-Indians. When the Ponca were allowed to acquire some tribal lands under the 1934 Indian Reorganization Act, the land base had already disintegrated. One effect of this disintegrating land base was the increased out-migration of tribal members which eventually led to termination of the …

Whitford V. Skunkcap, 92-Ap-170 (Blkft. Tr. Ct. App., July 28, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court declined to hear an appeal concerning a right of way and easement, for lack of subject matter jurisdiction. The Court concluded that the BIA is the sole entity that makes such determinations across trust property.

Tribe V. Meineke, 93-Ap-17 (Blkft. Tr. Ct. App., July 14, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court refused to hear an appeal due to untimely filing pursuant to Blackfeet Tribal Law and Order Code, Ch. 11, Sec. 13(E). The Court dismissed the case.

Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson

Washington International Law Journal

The 1840 Treaty of Waitangi, signed by representatives of the British Crown and Maori Tribes, created a partnership that allowed colonization of New Zealand while protecting the Maori culture. The Treaty was declared a "nullity" in an 1877 court decision, and Maori rights under the Treaty have yet to be fully realized. Since the beginning of the 1970s, the New Zealand government has increasingly recognized the Maori culture. This Comment explores the history of the relationship between the Maori people and the New Zealand government. It analyzes current government policy on Maori issues. Fimally, it advocates for legislative entrenchment of …

Organizing From The Ground Up: Watershed Initiatives: The Recent Truckee River Experience, Robert S. Pelcyger

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

15 pages.

New Legislative Approaches, Laird Noh

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

7 pages.

Water And Communities: Emerging Issues For Water Organizations, A. Lee Brown, Jr.

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

13 pages.

Contains 2 pages of references.

Watershed Based Initiatives For Water Resource Planning And Management In Washington State, Kenneth O. Slattery

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

16 pages.

Contains references.

From Conflict To Cooperative Water Resource Management: The Chelan Agreement And Water Resources Forum [Outline], Bill Frank, Jr.

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

8 pages.

Water Organizations In The West, Barton H. Thompson, Jr.

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

37 pages.

Contains references.

Water Issues Facing Acequia Associations, Dennis Chavez

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

4 pages.

Navajo Nation’S Department Of Water Resources Management, Teresa M. Showa

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

13 pages (includes illustrations and 1 map).

Tribe V. Mad Plume, 93-Ap-08 (Blkft. Tr. Ct. App., May 20, 1993), Blackfeet Appellate Court

Court Decisions

No abstract provided.

State Ex Rel. Martinez V. Lewis, New Mexico Court Of Appeals

Law of the Rio Grande

No abstract provided.

In The Best Interest: The Adoption Of F.H., An Indian Child, Ivy N. Voss

Brigham Young University Journal of Public Law

No abstract provided.

A Tale Of Two Rivers, Carol M. Rose

Michigan Law Review

A Review of The Green Cathedral: Sustainable Development of Amazonia by Juan de Onis and Nature Incorporated: Industrialization and the Waters of New England by Theodore Steinberg

Resource Law Notes Newsletter, No. 28, Spring Issue, Apr. 1993, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

From Quantification To Qualification: A State Court's Distortion Of The Law In In Re General Adjudication Of All Rights To Use Water In The Big Horn River System, Berrie Martinis

Washington Law Review

The Wyoming Supreme Court applied state law to Indian reserved water rights in its recent decision in In re General Adjudication of All Rights to Use Water in the Big Horn River System (Big Horn III). Prior to Big Horn III, courts never applied state law to such rights. This Note argues that the Wyoming decision contradicts federal reserved water rights law and federal Indian law, and concludes that Congress should enact legislation overturning the Big Horn III decision.

Recognizing Sovereignty In Alaska Native Villages After The Passage Of Ancsa, Patricia Thompson

Washington Law Review

The federal law principles of tribal sovereignty and Indian country define the parameters of tribal self-governance. In Alaska, however, federal and state courts remain divided on the issues of Alaska Native Village sovereignty and Indian country. This Comment examines the state and federal court treatment of these issues, and concludes that Native Villages are sovereign tribes and the lands set aside under the Alaska Native Claims Settlement Act should define the boundaries of Indian country in Alaska.

In Re Bull Shoe, 93-Ap-09 (Blkft. Tr. Ct. App., March 11, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reversed a lower court decision that sentenced the Defendant to 35 days in the Blackfeet Chemical Dependency Program for detox. However, the Defendant was not represented by counsel, advised of his rights, nor had the opportunity to present evidence in his defense.

Cobell V. Cobell-Magee, 93-Ap-04 (Blkft. Tr. Ct. App., Feb. 3, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reversed the lower court after the lower court denied a Motion for Relief from Judgement after the lower court failed to hold a hearing, pursuant to Rule 6 (C) (1), Ch. 9 of the Blackfeet Law and Order Code. The Court subsequently denied a stay on execution on judgement but ordered garnishment of appellants wages, held in escrow, until a hearing is held and final disposition is determined.

Fort Mcdowell Indian Community Water Settlement (Yavapai Nation), Fort Mcdowell Indian Community, United States, State Of Arizona, Salt River Valley Water User's Association, Salt River Project Agricultural Improvement And Power District, Roosevelt Water Conservation District, Central Arizona Water Conservation District, Phoenix, Az, Scottsdale, Az, Glendale, Az, Mesa, Az, Tempe, Az, Chandler, Az, Town Of Gilbert

Native American Water Rights Settlement Project

Settlement: Fort McDowell Indian Community Water Settlement (Jan. 15, 1993) Parties: Fort McDowell Indian Community, Yavapai Nation, Arizona, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, and Central AZ Water Conservation District. Overall plan is to find enough water to irrigate 4,000 acres with a duty of 4.5 a/f/y and support 18,350 acres with a duty of 1 a/f/y. of urban development. With an exception for the Verde River Spill Water, total diversion (all from above Granite Reef Dam) is limited to …

In Re Dubray Children, 93-Ap-02 (Blkft. Tr. Ct. App., Jan 12, 1993), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court clarified that when a Juvenile Officer reasonably acts to remove children from a alleged dangerous condition, the children's rights to Due Process are violated when no substantiating petition is presented to the Court within 48 hours, pursuant to Blackfeet Law and Order Code, Ch. 7, Sec. 4. The Children must be represented by counsel, and previous orders may be vacated, and children may be returned to parent from whom they were taken.

Resource Law Notes Newsletter, No. 27, Winter Issue, Jan. 1993, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.