Indigenous, Indian, and Aboriginal Law Commons^™

Appellants' Opening Brief - United States V. Washington, Docket No. No. 84-3571 (761 F.2d 1404 (9th Cir. 1985))

United States v. Washington, Docket No. No. 84-3571 (761 F.2d 1404 (9th Cir. 1985))

No abstract provided.

Resource Law Notes Newsletter, No. 2, Apr. 1984, 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 Canons Of Indian Treaty And Statutory Construction: A Proposal For Codification, Jill De La Hunt

University of Michigan Journal of Law Reform

This Note argues that the canons of construction should play a central role in the interpretation of Indian treaties and statutes. The Note proposes revitalization of the canons through congressional action codifying the rules of construction into federal law. Part I traces the historical development of the canons to further the federal-Indian trust relationship. Part II analyzes recent Supreme Court decisions that demonstrate decreased use of the canons. Part III argues that strong canons of construction are necessary to the development of self-determining Indian tribes and proposes federal legislation to ensure the continued vitality and importance of the canons of …

Resource Law Notes Newsletter, No. 1, Jan. 1984, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Three Affiliated Tribes V. Wold Engineering (1984), United States Supreme Court, Harry Blackmun

US Government Documents Related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The North Dakota courts held that the tribes would have to give up tribal sovereignty if they wanted to try …

Year-End Report Of The 2d Session Of The 98th Congress, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This excerpt from the United States (US) Year-End Senate Report, dated January 1, 1984, includes a section entitled “Accomplishments of the Senate Select Committee on Indian Affairs” that summarizes laws passed and enacted regarding Indigenous People in the United States. The summary covers business pertaining to tribes across the United States, including the note that hearings on Indian health were held in North Dakota, Alaska, Washington, and Montana and that the Indian Health Care Improvement Act was vetoed. The summary indicates that an inheritance and land consolidation code was enacted pertaining to the Sisseton-Wahpeton Sioux Tribe of North and South …

Do Government Rights Prevail, Or Are Shoshone Indians Trespassers In Their Own Country?, Richard B. Collins

Publications

No abstract provided.

Narf North: Alaska Office Opens, Charles F. Wilkinson

Publications

No abstract provided.

Philosophical, Legal, And Social Rationales For Appropriating The Tribal Estate, 1607 To1980, Arrell Morgan Gibson

American Indian Law Review

No abstract provided.

Self-Government And The Constitution: A Comparative Look At Native Canadians And American Indians, Edward M. Morgan

American Indian Law Review

No abstract provided.

Reservations: The Surplus Lands Acts And The Question Of Reservation Disestablishment, Susan D. Campbell

American Indian Law Review

No abstract provided.

Tribal Property: Defining The Parameters Of The Federal Trust Relationship Under The Non-Intercourse Act: Catawba Indian Tribe V. South Carolina, Mark Ulmer

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

American Indian Law Review

No abstract provided.

Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim

American Indian Law Review

No abstract provided.

Criminal Jurisdiction: Jurisdiction To Sentence And Convict For Lesser Included Offenses Under The Major Crimes Act: A Critical Assessment Of The Keeble Legacy, Susan M. Mcgoldrick

American Indian Law Review

No abstract provided.

Tribal Sovereignty: Alaskan Native Exercise Of Sovereign Powers, David Blurton

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

Articles

An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the controlling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign immunity …

Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

Articles

An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the con-. trolling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign …

Federal Power Over Indians: Its Sources, Scope, And Limitations, Nell Jessup Newton

Journal Articles

Judicial deference to federal legislation affecting Indians is a theme that has persisted throughout the two-hundred-year history of American Indian law. The Supreme Court has sustained nearly every piece of federal legislation it has considered directly regulating Indian tribes, whether challenged as being beyond federal power or within that power but violating individual rights.' This judicial deference often has been justified by invoking federal plenary power to regulate Indian affairs and the political question doctrine's requirement of deference to the political branches. Indeed, not until 1977 did the Court explicitly repudiate use of the political question doctrine to bar equal …

Reply Brief Of Appellant Makah Indian Tribe - United States V. Washington, Docket No. 83-3802 (730 F.2d 1314 (9th Cir. 1984))

United States v. Washington, Docket No. 83-3802 (730 F.2d 1314 (9th Cir. 1984))

No abstract provided.

Brief Of Plaintiff-Appellee United States Of America - United States V. Washington, Docket No. 83-3802 (730 F.2d 1314 (9th Cir. 1984))

United States v. Washington, Docket No. 83-3802 (730 F.2d 1314 (9th Cir. 1984))

No abstract provided.

Blackfeet Tribal Business Council V. East Glacier Water & Sewer Dist., No. 83ca174 (Blkft. Tr. Ct., Nov. 17, 1983) 11 Ilr 6021, Blackfeet Tribal Court

Court Decisions

Plaintiff Blackfeet Tribal Business Council sought to enjoin the East Glacier Water & Sewer District, a public corporation organized pursuant to state law, composed of both tribal members and nonmembers, and located entirely within the Blackfeet Reservation, from shutting off water and sewer services to certain tribal members. Defendants moved for dismissal, arguing that the tribal court lacks jurisdiction because this case involves non-Indians. Upon reviewing provisions of the tribal constitution and noting the use of tribal forums by nonmembers in suits against members, the court finds that this case involves the health, safety and welfare of both Indian and …

Blackfeet Tribal Business Council V. East Glacier Water & Sewer Dist., No. 83ca174 (Blkft. Tr. Ct., Nov. 17, 1983) 11 Ilr 6021, Blackfeet Tribal Court

Court Decisions

Plaintiff Blackfeet Tribal Business Council sought to enjoin the East Glacier Water & Sewer District, a public corporation organized pursuant to state law, composed of both tribal members and nonmembers, and located entirely within the Blackfeet Reservation, from shutting off water and sewer services to certain tribal members. Defendants moved for dismissal, arguing that the tribal court lacks jurisdiction because this case involves non-Indians. Upon reviewing provisions of the tribal constitution and noting the use of tribal forums by nonmembers in suits against members, the court finds that this case involves the health, safety and welfare of both Indian and …

Brief Of Appellant Makah Indian Tribe - United States V. Washington, Docket No. 83-3802 (730 F.2d 1314 (9th Cir. 1984))

United States v. Washington, Docket No. 83-3802 (730 F.2d 1314 (9th Cir. 1984))

No abstract provided.

1983 Agreement In Principle To Revise Ak-Chin Water Settlement, Us Department Of The Interior, Ak-Chin Indian Community

Native American Water Rights Settlement Project

Agreement: An Agreement in Principle to Revise Ak-Chin 1978 Water Settlement (Sep. 23, 1983). An agreement for revising water settlement between the Ak-Chin and US to amend the 1978 Act (PL 95-328). The goal of the Agreement is to secure federal legislation to ratify a revised Settlement and provide authorization for appropriations to implement the Settlement. The Agreement provides 15M for an interim water supply replacing an earlier US commitment to develop a well field on nearby federal lands. Ak-Chin alone has the determination and responsibility for the use of these monies. The US will also provide a 3.5M grant …

Michael C. Howard's Review Of Nicolas Peterson's Aboriginal Land Rights: A Handbook, Michael C. Howard

Pacific Studies

No abstract provided.

Transboundary Groundwater Law: Focus On The U.S.-Mexico Boundary [Includes Appended Opinion In City Of El Paso Ex Rel. Pub. Serv. Bd. V. Reynolds, Civ. No. 80-730 Hb, 563 F. Supp. 279 (D.N.M. 1983)], Albert E. Utton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

48 pages.

Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

6 pages.