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Agency Culture And Conflict: Federal Implementation Of The Indian Gaming Regulatory Act By The National Indian Gaming Commission, The Bureau Of Indian Affairs, And The Department Of Justice, Kevin Washburn

Faculty Scholarship

Indian gaming provides a lens through which to consider the implications of divided federal executive power. The Indian Gaming Regulatory Act is implemented by at least three federal agencies, each of which has somewhat different interests. Moreover, none of these agencies is monolithic and each must reconcile competing interests within its own domain. In examining the culture of three federal agencies, the author seeks to shed light on divided executive branch governance. The article briefly addresses three different issues: the 'independence' of an independent agency, the NIGC, which lacks litigating authority; the problem with shared subject matter jurisdiction by DOJ …

Petition For Writ Of Certiorari - Suquamish Indian Tribe V. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.

Have American Indians Been Written Out Of The Religious Freedom Restoration Act, Jessica M. Wiles

Montana Law Review

Written out of RFRA

Acknowledging America’S First Sovereign: Incorporating Tribal Justice Systems Into The Legal Research And Writing Curriculum, Samantha A. Moppett

Suffolk University Law School Faculty Works

Marie Setian (Marie) drove to Foxwoods Resort Casino in Ledyard, Connecticut, with her husband and another couple for a day of gambling, dining, and entertainment. After gambling for a little while, the couples went to the Festival Buffet. At the buffet’s seafood station, Marie placed some shrimp on her plate. As she walked to the international station, her left foot slipped on something, and she fell to the floor. As a result of the fall, Marie experienced soreness, swelling, and discomfort in her knee. Eventually, she underwent surgery and participated in extensive physical therapy. Her knee will never be the …

In Re Evanson, No. 2009-J-033, 2009-Ap-06 (Blkft. Tr. Ct. App., Jun. 22, 2010)., Blackfeet Appellate Court

Blackfeet Tribe

The Court of Appeals upheld the lower court’s dismissal of a child custody case for lack of jurisdiction. The Court held that the Blackfeet Family Code limits the Court’s jurisdiction only to those children who reside on the Blackfeet Reservation, which Evanson did not.

In Re Mh, A Minor Child, 2009-Ap-05 (Blkft. Tr. Ct. App., June 16, 2010), Blackfeet Appellate Court

Blackfeet Tribe

In the Blackfeet Tribal Court of Appeals, in a custody petition filed by the grandmother, the Court determined that the lower court violated the grandmothers due process rights by not allowing the grandmother to present testimony, thus determining custody based on hearsay evidence. The case is remanded back to the lower court for a new hearing.

In Re Marriage Of Blackman And Blackman, 2008-Ca-100 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court

Blackfeet Tribe

In the Blackfeet Tribal Court of Appeals, the Court held that Blackfeet Law and Order Code, Chapter 11 only allows appeal from final judgment. Because no final judgment had been rendered by the lower court, the appeal was without merit.

After Buffalo V. Burd, 2010-Ap-06 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court

Blackfeet Tribe

In the Blackfeet Tribal Court of Appeals, the Court overturned the lower court’s reward of alimony, finding that Blackfeet Tribal Code does not have a law regarding alimony. The Court also dismissed a restraining order because there was nothing in the pleading to substantiate the need for a restraining order and the lower court did not hold a hearing regarding it.

Tribe V. Pepion, 2010-J-308 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court

Blackfeet Tribe

In the Blackfeet Tribal Court of Appeals, the Court found that the Tribe had repeatedly violated the rights of Pepion, a minor, and had not followed the Blackfeet Family Code. The Court voided any outstanding probation obligations of Pepion.

Tribe V. Marceau, 2010-Ap-05 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court

Blackfeet Tribe

In a brief order, the Blackfeet Tribal Court of Appeals held that the Tribe could not appeal the trial court judge’s verdict of not guilty due to lack of evidence. The Court cited to Chapter 11 Sec. 11-A of the Blackfeet Tribal Law and Order Code, which limits the circumstances in which the Tribe can appeal in a criminal case. Sec. 11-B, which outlines the circumstances when the Tribe can appeal in a criminal case, does not provide that the Tribe can appeal a not guilty verdict.

Anderson V. Campos, 2010-Ap-01 (Blkft. Tr. Ct. App., June 15, 2010), Blackfeet Appellate Court

Blackfeet Tribe

In the Blackfeet Tribal Court of Appeals, the Court reaffirmed that pre-mature appeals, where the petitioner did not exhaust remedies at the lower court, will not be heard, absent extraordinary circumstances. If the lower court refuses petitioners' motion, then they have the opportunity for recourse through the appellate process.

Tribe V. Rides At The Door, 2009-Ap-14 (Blkft. Tr. Ct. App., May 26, 2010), Blackfeet Appellate Court

Blackfeet Tribe

In the Blackfeet Tribal Court of Appeals, the Court dismissed a criminal prosecution for lack of Speedy Trial after the Tribal Court Chief Clerks Office twice failed to convene a jury and the 180-day presumption of Speedy Trial elapsed. The Clerk spoke to the Defendant and erroneously informed them that the trial was reset. The Defendant failed to appear. No jury trial was subsequently convened. (See also Tribe v. Mad Plume, 93-AP-08 (Blkft. Tr. Ct. App., May 20, 1993); Tribe v. Mancha, 91-AP-03 (Blkft. Tr. Ct. App., Aug. 29, 1991))

Tribe V. Gobert, 2009-C-1143 (Blkft. Tr. Ct. App., May 19, 2010), Blackfeet Appellate Court

Blackfeet Tribe

In the Blackfeet Tribal Court of Appeals, the Court granted a motion to dismiss for lack of evidence. The Defendant claimed his right to due process was denied under the Blackfeet Laws and Order Code. The Court found that the Tribe failed to respond to the Defendant’s appeal.

Wide Right: Why The Ncaa's Policy On The American Indian Mascot Issue Misses The Mark, André Douglas Pond Cummings

Law Faculty Scholarship

Of the many civil rights and social justice issues that continue to cloud United States race relations, one persists in dividing parties: the use of American Indian mascots and imagery by collegiate and professional athletic teams. Scholars and academics weigh in annually on this divisive issue, while certain university administration officials vigorously defend continued use of Native American mascots and monikers at their institutions. Across the United States, various university officials and alumni debate the continued use of mascots such as the “Fighting Sioux,” the “Running Utes” and “Chief Illiniwek.”

In a broader context, the mistreatment and abuse of American …

Fee Simple Estate And Footholds In Fishing: The Australian High Court's Formalistic Interpretation Of The Aboriginal Land Rights Act, Heather Ahlstrom Coldwell

Washington International Law Journal

The coast of the Northern Territory in Australia boasts some of the world’s best fishing and hosts a lucrative commercial fishing industry. The Northern Territory is also home to over 50,000 Aboriginal people who rely on these waters for their subsistence and livelihood. However, the Aboriginal population is effectively barred from participating in the commercial fishing industry by Territory regulations and economic disadvantage. In July 2008, ten years of litigation over access to coastal waters adjoining Aboriginal land in the Northern Territory culminated with the High Court’s decision in Northern Territory of Australia v. Arnhem Land Aboriginal Trust. The …

Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder

Washington International Law Journal

In 2006, Australia’s Parliament banned all prisoners from voting. A year later, Vickie Lee Roach, a female prisoner of Aboriginal descent, challenged the blanket ban promulgated in the 2006 amendment to the Commonwealth Electoral Act of 1918 (“Electoral Act”). Vickie won, but in a limited way. The High Court found an implied right to vote in the Australian Constitution, but held that Parliament could limit such voting, as it did in the Electoral and Referendum Amendment of 2004 (“E & R Amendment”), disenfranchising any prisoner serving three or more years in jail. This Comment argues that the E & R …

Water Law In The Western United States, Susan Kelly

Publications

No abstract provided.

Alex M. Cameron, Power Without Law. The Supreme Court Of Canada, .The Marshall Decisions, And The Failure Of Judicial Activism, Dianne Pothier

Dalhousie Law Journal

Alex Cameron's book, Power WithoutLaw, is a scathing critique ofthe Supreme Court of Canada's 1999 decisions in R. v. Marshall upholding Donald Marshall Jr.'s Mi'kmaq treaty claim. Cameron's book has attracted a lot of attention because of the author's position as Crown counsel for the government of Nova Scotia. Cameron was not involved as a lawyer in the Marshallcase itself. As a fisheries prosecution, Marshallwas a matter of federal jurisdiction pursuant to s. 91(12) of the Constitution Act, 1867, and Nova Scotia chose not to intervene. However, Cameron did become involved in a subsequent case dealing with the same series …

The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo

Publications

No abstract provided.

Geomorphic Condition And Shallow Aquifers, Shann Stringer

Publications

No abstract provided.