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Indian Tribes In The Water Marketing Arena, Steven J. Shupe

American Indian Law Review

No abstract provided.

Chaos In Kentucky: The Question Of Standing To Recover The Fair Market Value Of Indian Relics Found Upon Private Property, Steven R. Dowell

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

The Dispossession Of The Kansas Shawnee, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Deroche, Et Al. V. Blackfeet Indian Housing Authority, No. 89-Api (Blkft. Tr. Ct. App., Dec. 19, 1989) 17 Ilr 6036, Blackfeet Appellate Court

Court Decisions

The Blackfeet Tribal Court of Appeals affirms the trial court’s jury verdict in favor of plaintiffs in an action against the Blackfeet Indian Housing Authority.

Evans V. Evans, 85-Ca-25 (Blkft. Tr. Ct. App., Oct. 30, 1989), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court reversed a lower court judgement award less than an Actual federal Court Judgement. The Court reviewed whether or not the lower court applied the correct law.

• The Court determined that the trial court erred in allowing interested parties to submit proposals for distribution of funds derived from marital property to satisfy a marital debt. The Court also held that while the Blackfeet Tribal Law and Order Code does not provide a procedure to sue on a foreign judgement, Blackfeet Law and Order Code ch. 2, Sec. 2, permits the Court to …

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Resource Law Notes Newsletter, No. 18, Sept. 1989, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Indian Treaties And Their Abrogation By Statutes Of General Applicability: A Not-Entirely Nonpartisan Essay On "Quiet" Abrogations, "Actual" Consideration, And The Unhappy Reception Given United States V. Dion, Robert Laurence

BYU Law Review

No abstract provided.

In Re Zdp, A Minor Child, 89-J-47 (Blkft. Tr. Ct. App., Aug. 17, 1989), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court vacated a previous Order of Temporary Custody, and returned the child to their parent, because it did not comport with Blackfeet Court of Appeals precedent regarding Ex Parte Orders. The Court reaffirmed that all petitions must have a Show Cause Hearing prior to an order being issues in order to comport with Due Process rights of all parties involved.

Control Of The Reservation Environment: Tribal Primacy, Federal Delegation, And The Limits Of State Intrusion, Judith V. Royster, Rory Snowarrow Fausett

Washington Law Review

Inter-sovereign disputes over environmental regulation in Indian country are increasingly common. The federal government, individual states, and native nations all assert interests in controlling pollution on Indian reservations; the question of which sovereign should regulate in this area presents complex issues of federal law, native self-determination, and state autonomy. In this Article, the authors trace the roots of federal, state, and tribal authority to control events within reservation boundaries. Applying a three-tiered analysis to the problem, the authors examine: express federal preemption of state pollution control laws; federal program delegation to native governments as a bar to state regulation; and …

A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

32 pages.

Contains references.

The Northwest Power Planning Council: A Model For Cooperative Planning In The Missouri Basin?, Gerald Mueller

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

16 pages.

Contains references.

Within The Hundredth Meridian: Western States And Their River Basins In A Time Of Transition, John M. Volkman, Kai N. Lee

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

29 pages.

Contains footnotes.

Marketing Of Indian Reserved Water Rights, Jeanne S. Whiteing

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

10 pages.

The Missouri: River Of Promise Or River Of Peril?, John E. Thorson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages (includes 1 map).

Contains references.

Montana’S Response To Interjurisdictional Marketing Challenges, Deborah Beaumont Schmidt

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

20 pages.

Contains references.

Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

53 pages.

Contains references.

Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

70 pages.

Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

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

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.

Scholarship, Pedagogy, And Federal Indian Law, Philip P. Frickey

Michigan Law Review

A Review of American Indian Law in a Nutshell Second Edition by William C. Canby, Jr.

Resource Law Notes Newsletter, No. 17, Apr. 1989, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights., Charles F. Wilkinson

Washington Law Review

I met Maivân Clech Lâm at a conference on Hawaiian Native Sovereignty in May 1987. At that time we discussed her research on Native Hawaiian land rights and discovered many parallels to the land rights of Native Americans. At the request of the editors of the Washington Law Review, I am very pleased to write this introduction to Ms. Lâm's important work, which deals at once with the unique situation in Hawai'i and with the overriding issues relating to aboriginal peoples the world over.

The Kuleana Act Revisited: The Survival Of Traditional Hawaiian Commoner Rights In Land, Maivân Clech Lâm

Washington Law Review

The issue of aboriginal land rights raises significant legal and moral questions. The starting point for discussion of Native Hawaiian land rights is the Kuleana Act of 1850. This Act enabled Hawaiian commoners, for the first time in Hawaiian history, to acquire fee simple title to land. The Act did not, however, contain provisions simultaneously terminating their traditional rights in land. What these traditional rights consist of, and to whom they apply, remain relevant issues. The author examines the Act in the context of its surrounding history, laws, and judicial interpretations, and concludes that the Kuleana Act introduced a system …

Tribe V. Cross Guns, 89-Ap-5 (Blkft. Tr. Ct. App., March 20, 1989), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court determined that a lawyer facing disbarment needs to exhaust all administrative remedies prior to seeking appeal.

The Process Of Decision-Making In Tribal Courts, Tom Tso, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

17 p. ; 28 cm

Resource Law Notes Newsletter, No. 16, Jan. 1989, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr

Faculty Works

In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …

Possession And Title To Land In English Law, Kent Mcneil

Articles & Book Chapters

The common law relating to land relies heavily on possession as a source of title and proprietary rights. Even a trespasser who wrongfully takes possession of land acquires a title to it that is good against anyone who cannot prove he or she has a better title. This is due in part to the rule that title is presumed from possession, but in addition it relies upon the incapacity of an outside claimant to rely on a jus tertii. In other words, the claimant is barred from pointing to a third party’s title under which he or she does not …