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Articles 4321 - 4350 of 13878

Full-Text Articles in Indigenous, Indian, and Aboriginal Law

Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim, Steve Wise Jan 1989

Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim, Steve Wise

Faculty Publications

No abstract provided.


The Crucible Of Sovereignty: Analyzing Issues Of Tribal Jurisdiction, Frank Pommersheim Jan 1989

The Crucible Of Sovereignty: Analyzing Issues Of Tribal Jurisdiction, Frank Pommersheim

Faculty Publications

No abstract provided.


The Crown’S Title To Lands In England, Kent Mcneil Jan 1989

The Crown’S Title To Lands In England, Kent Mcneil

Articles & Book Chapters

A fundamental principle of the common law, stemming from the doctrine of tenures, provides that the Crown has the underlying or radical title to all land within its common law dominions. Private persons and corporations do not “own” land; instead, they hold estates in land that are presumed to be derived from Crown grants. This common law edifice is built on the legal fiction that the Crown once possessed and therefore owned all the lands in England. As this is known to be a fiction, all it does is give the Crown its underlying title and thus a right to …


A Critical Look At Wyoming Water Law, Mark Squillace Jan 1989

A Critical Look At Wyoming Water Law, Mark Squillace

Publications

No abstract provided.


Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson Jan 1989

Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson

Publications

No abstract provided.


Book Review, Charles F. Wilkinson Jan 1989

Book Review, Charles F. Wilkinson

Publications

No abstract provided.


Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson Jan 1989

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

Publications

No abstract provided.


Towards An/Other Legal Education: Some Critical And Tentative Proposals To Confront The Racism Of Modern Legal Education, Richard F. Devlin Frsc Jan 1989

Towards An/Other Legal Education: Some Critical And Tentative Proposals To Confront The Racism Of Modern Legal Education, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

It seems to me that by drawing on the myth of Prometheus, Harry Arthurs has struck an important chord that we may find will resonate throughout the papers that are to be presented today. Particularly, by emphasizing the idea of being "unbound," President Arthurs has opened up a conversation that is premised upon the connection between law and freedom. I propose to take up and expand that conversation and, hopefully, to give it a significantly different orientation. Specifically, I want to identify and attempt to come to terms with an issue which, I fear, does not engender sufficient concern within …


Indian Consent To American Government, Richard B. Collins Jan 1989

Indian Consent To American Government, Richard B. Collins

Publications

No abstract provided.


Water Marketing In Wyoming, Mark Squillace Jan 1989

Water Marketing In Wyoming, Mark Squillace

Publications

No abstract provided.


The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson Jan 1989

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

Publications

No abstract provided.


The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson Jan 1989

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

No abstract provided.


Front Matter (Administration & Faculty Listing, Masthead, And Table Of Contents) Jan 1989

Front Matter (Administration & Faculty Listing, Masthead, And Table Of Contents)

American Indian Law Review

No abstract provided.


American Indians And The Constitution: An Argument For Nationhood, Steven Paul Mcsloy Jan 1989

American Indians And The Constitution: An Argument For Nationhood, Steven Paul Mcsloy

American Indian Law Review

No abstract provided.


Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney L. Harring Jan 1989

Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney L. Harring

American Indian Law Review

No abstract provided.


Health Care: An Overview Of The Indian Health Service, William Boyum Jan 1989

Health Care: An Overview Of The Indian Health Service, William Boyum

American Indian Law Review

No abstract provided.


Civil Liberties Guarantees Under Tribal Law: A Survey Of Civil Rights Provisions In Tribal Constitutions, Elmer R. Rusco Jan 1989

Civil Liberties Guarantees Under Tribal Law: A Survey Of Civil Rights Provisions In Tribal Constitutions, Elmer R. Rusco

American Indian Law Review

No abstract provided.


Cry, Sacred Ground: Big Mountain, U.S.A., Anita Parlow Jan 1989

Cry, Sacred Ground: Big Mountain, U.S.A., Anita Parlow

American Indian Law Review

No abstract provided.


From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf Jan 1989

From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf

American Indian Law Review

No abstract provided.


National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith Jan 1989

National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith

American Indian Law Review

No abstract provided.


Reprint: Testimony Of Edward Halealoha Ayau Before The Senate Select Committee On Indian Affairs: Subject: The Restoration Of Hawaiian Sovereignty And Land, Edward Halealoha Ayau Jan 1989

Reprint: Testimony Of Edward Halealoha Ayau Before The Senate Select Committee On Indian Affairs: Subject: The Restoration Of Hawaiian Sovereignty And Land, Edward Halealoha Ayau

American Indian Law Review

No abstract provided.


Address Of Deputy General Counsel Brian D. Miller, U.S. Commission On Civil Rights, Before The Federal Bar Association's 13th Annual Indian Law Conference, Brian D. Miller Jan 1989

Address Of Deputy General Counsel Brian D. Miller, U.S. Commission On Civil Rights, Before The Federal Bar Association's 13th Annual Indian Law Conference, Brian D. Miller

American Indian Law Review

No abstract provided.


Volume 14 1989 Jan 1989

Volume 14 1989

American Indian Law Review

No abstract provided.


Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend Jan 1989

Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend

Articles

The treaties between the United States and the Indians constitute a critical recognition and guarantee of Indian rights. They envision a "measured separatism"' for an important minority that is determined to maintain a distinct cultural and political identity.' Non-treaty rights are fragile: The Supreme Court has held that Indians are not citizens within the meaning of the Fourteenth Amendment,' and that Congress has "plenary power" over Indian affairs by virtue of its guardianship over their interests. Moreover, the United States has ended the formal negotiation process with the Indians, and apparently no further treaties will be concluded. Thus, Congress' power …


Solicitor Tarr Opinion--Pueblo Of Sandia Boundary, Ralph W. Tarr Dec 1988

Solicitor Tarr Opinion--Pueblo Of Sandia Boundary, Ralph W. Tarr

Sandia Pueblo Mountain Claim

"'The Pueblo claims that approximately 10,000 acres of land were incorrectly excluded from a patent issued to the Pueblo by the United States in 1864 because the surveyor erred in not including all of the land originally granted the Pueblo by the Spanish in 1748. The major portion of the land claimed is managed by the United States Forest Service as parts of the Cibola National Forest and the Sandia Mountain Wilderness. The claimed area includes 665 acres of private inholdings (the ""inholdings"", the ""private inholders"", or the ""inholders""), as well as the Juan Tabo Recreation Area. The Pueblo requests …


San Luis Rey Indian Water Rights Settlement Act Of 1988, United States 100th Congress Nov 1988

San Luis Rey Indian Water Rights Settlement Act Of 1988, United States 100th Congress

Native American Water Rights Settlement Project

Federal Legislation: San Luis Rey Indian Water Rights Settlement Act of 1988, PL 100-675, 102 Stat. 4000 (Nov. 17, 1988). Parties: La Jolla Band of Luiseno Indians, Pala Band of Luiseno Mission Indians, Pauma Band of Luiseno Mission Indians, Rincon Band of Luiseno Mission Indians, San Pasqual Band of Diegueno Mission Indians, located in San Diego County, CA, US, CA, Escondido Mutual Water Company and Vista Irrigation District. The federal legislation was passed before the settlement agreement was developed. The purpose of the Act is to develop a reliable source of water for the Bands and to resolve their federal …


Colorado Utes Indian Water Rights Settlement Act Of 1988, United States 100th Congress Nov 1988

Colorado Utes Indian Water Rights Settlement Act Of 1988, United States 100th Congress

Native American Water Rights Settlement Project

Federal Legislation: Colorado Ute Indian Water Rights Settlement Act of 1988 (PL 100-585, 102 Stat. 2973) The DOI Secretary is authorized to supply water from the Animas-La Plata and Dolores Projects, which cannot be sold or leased into the Lower Colorado River Basin except under limited circumstances. The Tribes can transform a water right into a "CO State water right" and then sell or lease it. Colorado River Compact restrictions apply. The Act disapproves characterization in the Agreement of water rights which may be used off the Reservation as “project reserved water right” or “non-project reserved water right” any claims …


Reply Brief Of Appellant - United States V. Washington, Docket No. 83-4265 (873 F.2d 240 (9th Cir. 1989)) Nov 1988

Reply Brief Of Appellant - United States V. Washington, Docket No. 83-4265 (873 F.2d 240 (9th Cir. 1989))

United States v. Washington, Docket No. 83-4265 (873 F.2d 240 (9th Cir. 1989))

No abstract provided.


Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, United States 100th Congress Oct 1988

Salt River Pima-Maricopa Indian Community Water Rights Settlement Act Of 1988, United States 100th Congress

Native American Water Rights Settlement Project

Federal Legislation: Salt River Pima-Maricopa Indian Community Water Rights Settlement of 1988, PL 100-51, 102 Stat 2549 (Oct. 22, 1988) Parties: US, Salt River Pima-Maricopa Indian Community The US originally gained trustee control of water rights of Community through Kent decree of 1910 and Bartlett Dam Agreement of 1935. The Community's rights are a part of the Gila River System adjudication. Settlement Agreement resolved water right issues of the parties among and between them, quantified the Community’s water rights, and prescribed how to resolve any remaining claims the Community or allottees may have against the US. Neighboring communities will transfer …


Brown V. Boucher, 88-Ap-8 (Blkft. Tr. Ct. App., Oct 21, 1988), Blackfeet Appellate Court Oct 1988

Brown V. Boucher, 88-Ap-8 (Blkft. Tr. Ct. App., Oct 21, 1988), Blackfeet Appellate Court

Court Decisions

  • In the Blackfeet Tribal Court of Appeals, the Court granted a Motion to Strike, filed by appellant (Boucher), the Court reversed the lower court’s decision. The appellant Court concluded that the agister (person taking care of animals or livestock) has the primary responsibility for cattle in his care and would bear the burden of animals lost or damaged.

  • Plaintiffs consigned more than 100 head of cattle to Defendant. The Cattle was inspected by a State brand Inspector. Several cows remained missing. There was no written contract between the ranchers, only a verbal agreement. The Plaintiffs did not have the opportunity …