Jurisdiction Commons^™

Reserved Water Rights Of Indian Allotments, Richard B. Collins

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

10 pages.

Contains references.

Instream Flows As Reserved Rights On Federal Reservations After United States V. New Mexico, Hank Meshorer

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

10 pages.

Effects Of The Clean Water Act On Water Availability And Development, Paula C. Phillips

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

12 pages.

Introduction To Reserved Water Rights, Ralph W. Johnson

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

16 pages.

Indian Water Rights In The Supreme Court: A Review And Preview, Louis F. Claiborne

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

12 pages.

Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

Conference organizers and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., David H. Getches, Lawrence J. MacDonnell and Richard B. Collins.

In general, water rights are a matter of state law. However, the availability and development of water are affected by important federal rights, policies and programs. In this conference, an outstanding group of private practitioners, government representatives and academics consider this important topic.

Developments In Federal Water Policies And Programs, Harold W. Furman Ii

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

14 pages.

Role Of The State Courts In Adjudicating Indian Water Rights, Jon L. Kyl

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

39 pages.

Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

88 pages.

Contains attachments.

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.

Federal Recent Developments

American Indian Law Review

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 …

First National Bank Of Browning V. Kittson, Et Al., No. 81-Ca-429 (Blkft. Tr. Ct., Oct. 4, 1982) 10 Ilr 6021, Blackfeet Tribal Court

Court Decisions

Plaintiff bank, a Montana corporation doing business within the boundaries of the Blackfeet Reservation, sought possession of the collateral used to secure a loan on which defendants had defaulted. Basing its jurisdiction on the fact that all transactions at issue "arose upon and were to be performed within" the reservation, the court orders that plaintiff is entitled to recover the collateral but is not entitled to a deficiency judgment in excess of the collateral's value because the bank continued to loan money to the defendants despite knowledge of defendants' "financial disarray."

First National Bank Of Browning V. Kittson, Et Al., No. 81-Ca-429 (Blkft. Tr. Ct., Oct. 4, 1982) 10 Ilr 6021, Blackfeet Tribal Court

Court Decisions

Plaintiff bank, a Montana corporation doing business within the boundaries of the Blackfeet Reservation, sought possession of the collateral used to secure a loan on which defendants had defaulted. Basing its jurisdiction on the fact that all transactions at issue "arose upon and were to be performed within" the reservation, the court orders that plaintiff is entitled to recover the collateral but is not entitled to a deficiency judgment in excess of the collateral's value because the bank continued to loan money to the defendants despite knowledge of defendants' "financial disarray."

Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson

Publications

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

State Acquisition Of Interests In Indian Land: An Overview, Blake A. Watson

American Indian Law Review

No abstract provided.

Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence

American Indian Law Review

No abstract provided.

Probating Indian Estates: Conqueror's Court Versus Decedent Intent, Antonina Vaznelis

American Indian Law Review

No abstract provided.

Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod

American Indian Law Review

No abstract provided.

Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits

American Indian Law Review

No abstract provided.

Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud

BYU Law Review

No abstract provided.

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Publications

No abstract provided.

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

No abstract provided.

Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover

American Indian Law Review

No abstract provided.

Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent

American Indian Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Implied Limitation On The Jurisdiction Of Indian Tribes, Richard B. Collins

Washington Law Review

In 1978 the Supreme Court in Oliphant v. Suquamish Indian Tribe held that the retained sovereignty of Indian tribes over tribal reservations does not include the power to punish non-Indians who commit offenses against tribal law.' Based on a number of facts and premises, the Court concluded that it had been assumed from the beginning that the tribes lack this authority except where expressly recognized or conferred by treaty provision or act of Congress. The Court also relied on the fact that during the formative years few Indian tribes had the governmental structure necessary to comply with Anglo-American requirements of …

Tribal Preemption, Eric R. Biggs

Washington Law Review

This comment analyzes the sources for the tribal preemption doctrine and the application of the doctrine. Because preemption necessarily involves a conflict between entities which seek to assert jurisdiction over the same subject matter, the general contours of jurisdiction over Indians must first be examined. The comment then discusses the federal preemption doctrine in order to explain more fully the aspects of tribal preemption which rest upon federal preemption. After an examination of how tribal preemption is applied in various settings, the comment will briefly look at the possibilities of partial tribal preemption. Finally, the comment concludes that a two-step …