Indigenous, Indian, and Aboriginal Law Commons^™

Aboriginal Sovereignty And Imperial Claims, Brian Slattery

Osgoode Hall Law Journal

It is commonly assumed that Indigenous American nations had neither sovereignty in international law nor title to their territories when Europeans first arrived; North America was legally vacant and European powers could gain title to it simply by discovery, symbolic acts, occupation, or treaties among themselves. It follows, on this view, that current Indigenous claims to internal sovereignty or a "third order of government" have no historical basis. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or basic principles of justice. The author's view is that Indigenous American nations …

Tribe V. Mancha, No. 90-C-1355, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991), Blackfeet Appellate Court

Court Decisions

The Court of Appeals for the Blackfeet Indian Reservation dismissed the case against the defendant because he was denied his right to a speedy trial by jury. The Court found that the standard timeframe accepted by most courts for a speedy trial is 180 days, and Mancha was brought to trial after 284 days. The Court held that this delay in the trial date violated the defendant’s rights as defined in Rule 58, Chapter 9 of the Blackfeet Law and Order Code. The Court further ordered that the trial court implement a procedure at arraignment for documenting waiver of jury …

Tribe V. Mancha, No. 90-C-1355, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991)., Blackfeet Appellate Court

Court Decisions

The Court of Appeals for the Blackfeet Indian Reservation dismissed the case against the defendant because he was denied his right to a speedy trial by jury. The Court found that the standard timeframe accepted by most courts for a speedy trial is 180 days, and Mancha was brought to trial after 284 days. The Court held that this delay in the trial date violated the defendant’s rights as defined in Rule 58, Chapter 9 of the Blackfeet Law and Order Code. The Court further ordered that the trial court implement a procedure at arraignment for documenting waiver of jury …

Tribe V. Mancha, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court established a 180-day presumption of prosecution in criminal cases, before a Speedy Trial evaluation can determine whether the case should be dismissed. The Court adopted the 180-day deadline, in parity with other jurisdictions. The Defendant was brought to trial 284 days after arrest. The Court notes that there is a process and procedure which must be followed to extend or delay when a case is heard. The Court implemented a procedural process for Tribal Courts to follow, noting: 1) knowledge of right to a jury trial; 2) waiver of right to …

Crow V. Guardipee, 91-Ap-08 (Blkft. Tr. Ct. App. August 29, 1991), Blackfeet Appellate Court

Court Decisions

The Blackfeet Tribal Court Appeals dismissed the appeal filed by Crow for failure to comply with procedure.

Cut Finger V. Laplant, 91-Ap-14 (Blkft. Tr. Ct. App., August 29, 1991), Blackfeet Appellate Court

Court Decisions

The Blackfeet Tribal Court of Appeals held that an advocate takes responsibility of counsel for a client, that advocate is responsible for notifying their client of any and all documentation in their case.

Hall V. Dubray, 90-Ap-09 (Blkft. Tr. Ct. App., Aug. 29, 1991), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court remanded a case back to trial court after the natural fathers' rights were violated when the court did not pursue the procedure to terminate his parental rights. Additionally, the mother’s rights were not protected by waiving the six-month waiting period and entering a final decree of adoption.

In The Matter Of P.D.A.B., A Minor Child, 91-J-38 (Blkft. Tr. Ct. App. August 12, 1991), Blackfeet Appellate Court

Court Decisions

The Blackfeet Tribal Court of Appeals held that the matter be dismissed after all concerned parties being duly served failed to appear.

Tribe V. Sure Chief, 91-Ap-07 (Blkft. Tr. Ct. App., July 25, 1991), Blackfeet Appellate Court

Court Decisions

The Blackfeet Tribal Court of Appeals held that the motion for reconsideration was not filed in a timely manner and substantiating information was insufficient to serve as a Notice of Appeal.

Fragile Gains: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson

Articles

The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …

Fragile Gain: Two Centuries Of Canadian And United States Policy Toward Indians, Ralph W. Johnson

Washington Law Review

The United States and Canada share a common history in their policies toward and legal treatment of the Native Americans that historically have occupied both countries. The Royal Proclamation of 1763 established a policy of recognizing Aboriginal title and treating with Indians that was binding on the colonies that preceded both countries, and influenced both governments in later dealings with tribes. Assimilationist themes are evident as well in the national policy toward Indians in both countries. Nevertheless, historically and in the present, national policies and laws of the two governments can be contrasted. This Article sets forth a detailed comparison …

Aboriginal Rights: The Dispossession Of The Métis, L. A. H. Chartrand

Osgoode Hall Law Journal

Section 31 of the Manitoba Act 1870 provided for a land settlement scheme for the benefit of the families of the Métis residents, towards the extinguishment of the Indian title. There are now no Métis reserves in Manitoba; section 31 was implemented in a way which permitted the quick dispossession of the Métis in the nineteenth century. The writer argues that the mode of implementing section 31 was a breach of constitutional obligation. Reference is made to the subsequent history of the western Métis and comments are offered regarding the current significance of the Métis dispossession.

Brief For The Federal Amicus Curiae - United States V. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

United States v. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

No abstract provided.

Reply Brief Of Appellant - United States V. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

United States v. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

No abstract provided.

Brief For Appellee State Of Washington - United States V. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

United States v. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

No abstract provided.

The Public Interest: A Matter Of Discretion?, R. Keith Higginson

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

15 pages.

Washington Instream Resources Protection: In Transition, Hedia Adelsman

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

45 pages.

Contains references.

Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

49 pages (includes illustrations and maps).

Contains references.

Federal Regulatory Interests In Water, Patricia Sanderson Port

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

39 pages.

Contains references.

The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

171 pages.

Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

20 pages.

Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

28 pages.

Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

26 pages.

Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

5 pages.

Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.

Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …

Designing Dispute Resolution Systems For Water Policy And Management, Karen L. Barclay, Matthew J. Mckinney

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

34 pages.

Contains references.

Northern Cheyenne Tribe Water Rights Compact, Northern Cheyenne Tribe, Mt

Native American Water Rights Settlement Project

Settlement Agreement and State Legislation: Water Rights Compact State among Montana, Northern Cheyenne Tribe and US. MCA 85-20-301 (1991). The statute ratifies Compact between Northern Cheyenne, MT and US. This Compact resolves all water claims by the Northern Cheyenne within MT so long as the Tongue River Reservoir is repaired and expanded. Pre-existing stock water, domestic and municipal water uses are recognized. Tribe has right to 32,500 a/f/y of direct flow and storage from the Tongue River Basin (and first rights to excess) with a priority date of Oct. 1, 1881 provided that actual depletion does not exceed 9,375 a/f/y. …

Brief Of The Appellant - United States V. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

United States v. Washington, Docket No. 90-35887 (969 F.2d 752 (9th Cir. 1992))

No abstract provided.

Improving Access To Legal Education For Native People In Canada: Dalhousie Law School's I.B.M. Program In Context, Hugh Macaulay

Dalhousie Law Journal

This paper is about access to legal education for Native peoples in Canada. It is important at the very outset of this undertaking to explain my interest in this issue and to describe the perspective from which I write. At the beginning of the 1989-90 academic year I returned to Halifax to discover that Dalhousie had implemented a program to increase access for Blacks and Micmacs to legal education. Motivated by my support for this initiative, I applied to be a tutor in the program and was fortunate enough to be selected.

The American Indian In Western Legal Thought: The Discourses Of Conquest, Melissa L. Koehn

Michigan Law Review

A Review of The American Indian in Western Legal Thought: The Discourses of Conquest by Robert A. Williams, Jr.