Mad Plume V. Mad Plume, 22-Ap-08 (Blkft. Tr. Ct. App., Aug. 31, 2022),
2022
University of Montana
Mad Plume V. Mad Plume, 22-Ap-08 (Blkft. Tr. Ct. App., Aug. 31, 2022), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court considered an appeal concerning the award of the family home in Blackfeet Tribal Court, disputing the proper successor in Death to the property, located on the Blackfeet Indian Reservation. The legal decedent owner of the home passed away in 2013, and legally conveyed the home by gift deed to the Appellant. The respondent produced a subsequent, unnotarized document purporting to dispute the prior conveyance. The court rejected the second document, awarding the home to the appellant. The Court clarified that the respondent failed to produce sufficient documentation to sustain her burden …
Haaland V. Brackeen, Et Al.: Brief Of Indian Law Professors As Amici Curiae In Support Of Federal And Tribal Defendants,
2022
University of Michigan Law School
Haaland V. Brackeen, Et Al.: Brief Of Indian Law Professors As Amici Curiae In Support Of Federal And Tribal Defendants, Matthew L.M. Fletcher
Appellate Briefs
Amici are professors and scholars of federal Indian law whose scholarship and clinical practice focus on the subject matter areas of Indian law, tribal powers, and federal- and state-court jurisdiction. Amici possess expertise in this area and an interest in ensuring that cases concerning these issues are decided consistently with the text of the United States Constitution, foundational principles in this area of law, and the express intent of Congress. Amici respectfully submit this brief to provide the Court history and context behind the Constitution’s use of Indian status classifications and the inherently political determinations that the legislative and executive …
Haaland V. Brackeen, Et Al.: Brief Of Amici Curiae Administrative Law And Constitutional Law Professors In Support Of Deb Haaland, Secretary Of The Interior, Et Al., And Cherokee Nation, Et Al.,
2022
University of Michigan Law School
Haaland V. Brackeen, Et Al.: Brief Of Amici Curiae Administrative Law And Constitutional Law Professors In Support Of Deb Haaland, Secretary Of The Interior, Et Al., And Cherokee Nation, Et Al., Leah Litman, Daniel T. Deacon
Appellate Briefs
Amici curiae are professors of administrative law, constitutional law, and related public law subjects at institutions around the United States. They have extensive experience studying and teaching the text, history, and structure of the Constitution, as well Supreme Court decisions relating to Congress’s legislative powers and the supremacy of federal law. Their legal expertise thus bears directly on the constitutional issues in this case. Amici share an interest in the proper application of constitutional limits on Congress’s authority to enact supreme federal law and state courts’ obligations to decide properly presented federal questions.<\p>
The Indian Child Welfare Act (ICWA or …
Zaagtoonaa Nibi (We Love The Water): Anishinaabe Community-Led Research On Water Governance And Protection,
2022
University of Toronto
Zaagtoonaa Nibi (We Love The Water): Anishinaabe Community-Led Research On Water Governance And Protection, Nicole Latulippe, Deborah Mcgregor
Articles & Book Chapters
This paper presents Indigenous community-led, collaborative, and community-engaged water governance research with a First Nations community in the Georgian Bay and Lake Huron region in northeastern Ontario, Canada. The methodology draws on Indigenous approaches to understanding and developing knowledge and is designed to build community capacity in research and in water protection and governance. This approach recognizes existing community strengths, including traditional knowledge, experiences, perspectives, and associated cultural perspectives and values, laws, responsibilities and lived experience in relation to water. Results identify and contextualize community-held responsibilities and legal principles pertaining to water that support culturally relevant water governance and strategic …
Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland),
2022
Drummond Woodsum
Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland), Michael-Corey F. Hinton, Erick J. Giles
Maine Law Review
Multiple nations within the Wabanaki Confederacy, including the Maliseet Nation, Mi’kmaq Nation, Passamaquoddy Tribe, and Penobscot Nation, were signatories to the July 19, 1776 Treaty of Watertown, which was the first ever treaty entered into by the United States of America following the Declaration of Independence. Following the Treaty of Watertown, Wabanaki warriors served directly under General George Washington and made critical contributions in support of the Americans’ Revolutionary War. Such contributions were made based on the Americans’ promise that the Wabanaki Nations’ lands, natural resources, and traditional ways of life would be forever protected by the fledgling United States. …
Book Review: Creating Indigenous Property: Power, Rights, And Relationships,
2022
Osgoode Hall Law School of York University
Book Review: Creating Indigenous Property: Power, Rights, And Relationships, F. Tim Knight
Librarian Publications & Presentations
No abstract provided.
Tribal Labor And Employment Law: The Evolution Of The Navajo Preference In Employment Act,
2022
University of New Mexico - School of Law
Tribal Labor And Employment Law: The Evolution Of The Navajo Preference In Employment Act, Paul Spruhan
Faculty Scholarship
For nearly 40 years, the Navajo Nation (“Nation”) has regulated labor and employment (except for occupational safety and worker’s compensation) through one statute, the Navajo Preference in Employment Act (NPEA). Despite its seemingly narrow title, the NPEA is a comprehensive law on the subject. First passed in 1985, it has gone through general and specific revisions to reflect tribal leaders’ views on the balance between the interests of employees and employers, both within and outside the tribal government. In its own right, the NPEA is an important manifestation of a Navajo-specific view of labor and employment that every attorney practicing …
Oklahoma V. Castro-Huerta,
2022
University of North Dakota
Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh
US Government Documents Related to Indigenous Nations
This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect by …
Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation,
2022
University of Montana
Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch
Public Land & Resources Law Review
No abstract provided.
Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment,
2022
University of Montana
Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek
Public Land & Resources Law Review
No abstract provided.
Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation,
2022
University of Montana
Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate
Public Land & Resources Law Review
No abstract provided.
Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law,
2022
University of Montana
Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown
Public Land & Resources Law Review
No abstract provided.
A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment,
2022
University of Montana
A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan
Public Land & Resources Law Review
No abstract provided.
Letter To The Reader,
2022
University of Montana
Table Of Contents,
2022
University of Montana
Editors And Staff Members,
2022
University of Montana
Legal Rights For Rivers,
2022
Monash University, Australia
Legal Rights For Rivers, Katie O'Bryan
Georgia Journal of International & Comparative Law
No abstract provided.
The Rule Against Hearsay, Indigenous Claims And Story-Telling As Testimony In Canadian Courts,
2022
Seattle University School of Law
The Rule Against Hearsay, Indigenous Claims And Story-Telling As Testimony In Canadian Courts, Zia Akhtar
American Indian Law Journal
No abstract provided.
A Watershed Moment: The Health And Economic Impact Of Water Sustainability In The Navajo Nation Post Pandemic,
2022
Seattle University School of Law
A Watershed Moment: The Health And Economic Impact Of Water Sustainability In The Navajo Nation Post Pandemic, Onnaedo Nwankwo
American Indian Law Journal
No abstract provided.
Case Law On American Indians,
2022
Seattle University School of Law
Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
