Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law,
2021
University of Colorado Law School
Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie
Publications
No abstract provided.
Living The Sacred: Indigenous Peoples And Religious Freedom,
2021
University of Colorado Law School
Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter
Publications
No abstract provided.
Acoma Pueblo Tribal Court Handbook (2021),
2021
University of New Mexico
Acoma Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
Taos Pueblo Tribal Court Handbook (2021),
2021
University of New Mexico
Taos Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff
Tribal Law Journal
This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.
Aamodt Litigation Settlement Completion,
2020
University of New Mexico
Aamodt Litigation Settlement Completion, United States 116th Congress
Native American Water Rights Settlement Project
Amends the Aamodt Litigation Settlement Act (Pub. L. 11-291) to increase funding for Pueblo Water Facilities from $106.4 million to $243.4 million and making available $137 million for Regional Water System funding.
Navajo-Utah Water Rights Settlement Act,
2020
University of New Mexico
Navajo-Utah Water Rights Settlement Act, United States 116th Congress
Native American Water Rights Settlement Project
The purposes of this section are: (1) to achieve a fair, equitable, and final settlement of all claims to water rights in the State of Utah for (A) the Navajo Nation and (B) the United States, for the benefit of the Nation; (2) to authorize, ratify, and confirm the agreement entered into by the Nation and the State, to the extent that the agreement is consistent with this section; (3) to authorize and direct the Secretary (A) to execute the agreement and (B) to take any actions necessary to carry out the agreement in accordance with this section; and (4) …
Montana Water Rights Protection Act,
2020
University of New Mexico
Montana Water Rights Protection Act, United States 116th Congress
Native American Water Rights Settlement Project
The purposes of this Act are: (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana, and in recognition of article I, and section 3 of article IX, of the Montana State Constitution for (A) the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation; and (B) the United States, for the benefit of the Tribes and allottees; (2) to authorize, ratify, and confirm the water rights compact entered into by the Tribes and the State, to the extent that the Compact is consistent with this Act; (3) to authorize …
Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts,
2020
Seattle University School of Law
Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel
American Indian Law Journal
No abstract provided.
The Indian Child Welfare Act’S Application To Civil Commitments Of Indian Children In State Court Proceeding,
2020
Seattle University School of Law
The Indian Child Welfare Act’S Application To Civil Commitments Of Indian Children In State Court Proceeding, Courtney Lewis
American Indian Law Journal
Currently there is no clear guidance on the Indian Child Welfare Act’s (ICWA) application in the context of a civil commitment proceeding, which generally occurs at the state level. This Article argues that ICWA applies to any state court proceeding for civil commitment of an Indian child if the Indian parent cannot have their child returned upon demand. The plain language of ICWA provides for this reasonable interpretation. ICWA enacts rights for Indian children, their parents, and their tribes when a party seeks the removal of the Indian child for placement in an institution. Without adherence to these rights, an …
Another Inappropriate F Word: Fiduciary Doctrine And The Crown-Indigenous Relationship In Canada,
2020
Seattle University School of Law
Another Inappropriate F Word: Fiduciary Doctrine And The Crown-Indigenous Relationship In Canada, Bryan Birtles
American Indian Law Journal
No abstract provided.
“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans,
2020
University of Tulsa College of Law
“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox
American Indian Law Journal
No abstract provided.
Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands,
2020
Seattle University School of Law
Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan
American Indian Law Journal
No abstract provided.
Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation,
2020
Seattle University School of Law
Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta
American Indian Law Journal
Once abundant, the wild growing peyote cactus plants in Texas and Mexico are being drastically reduced and becoming scarce. Peyote, a slow growing cactus contains the hallucinogenic drug mescaline, is a sacred sacrament used in the Native Americans Church (NAC). It is also used religiously by various Indian tribes throughout the country of Mexico. Although peyote is classified as a controlled substance under federal and state laws, U.S. Congress granted NAC members a “peyote exemption” pursuant to the American Indian Religious Freedom Act to legally use peyote for religious purposes. In U.S. v. Boyll, the federal district court interpreted the …
Introduction,
2020
University of Montana
Asarco Llc V. Atlantic Richfield Co., Llc,
2020
Alexander Blewett III School of Law at the University of Montana
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Public Land & Resources Law Review
In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible …
Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020,
2020
Roger Williams University School of Law
Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
An Unfair Cross Section: Federal Jurisdiction For Indian Country Crimes Dismantles Jury Community Conscience,
2020
Northwestern Pritzker School of Law
An Unfair Cross Section: Federal Jurisdiction For Indian Country Crimes Dismantles Jury Community Conscience, Alana Paris
Northwestern Journal of Law & Social Policy
Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the right to adjudicate all serious crimes committed by one American Indian against another American Indian or non-Indian within Indian country. American Indian defendants under …
The Deliberative Dimensions Of Modern Environmental Assessment Law,
2020
Peter A. Allard School of Law, University of British Columbia
The Deliberative Dimensions Of Modern Environmental Assessment Law, Jocelyn Stacey
Dalhousie Law Journal
Environmental assessment (EA) is a cornerstone of environmental law. It provides a legal framework for public decision-making about major development projects with implications for environmental protection and the rights and title of Indigenous Peoples. Despite significant literature supporting deliberation as the preferred mode of engagement with those affected by EA decisions, the specific legal demands of EA legislation remain undeveloped. This article suggests a legal foundation for deliberative environmental assessment. It argues that modern EA can be understood through three public law frames: procedural fairness, public inquiry, and the framework for the duty to consult and accommodate. It further argues …
Mcgirt Policy Briefs: Regulation Of The Environment And Natural Resources,
2020
Alexander Blewett III School of Law at the University of Montana
Mcgirt Policy Briefs: Regulation Of The Environment And Natural Resources, Monte Mills
Faculty Journal Articles & Other Writings
On July 9, 2020, the United States Supreme Court issued its decision in McGirt v. Oklahoma. Although the only actual effect of that decision was on Mr. McGirt’s state court criminal conviction, rendering it invalid in light of the continuing existence of the Muscogee (Creek) Nation’s reservation, the implications of McGirt reverberated throughout Oklahoma and the nation. By rejecting Oklahoma’s arguments that the march to statehood had resulted in the implicit disestablishment of the Creek’s reservation (and, by analogy, those of the neighboring and similarly situated Cherokee, Chickasaw, Choctaw, and Seminole Nations), Justice Gorsuch’s opinion on behalf of the Court’s …
A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty,
2020
University of Maine School of Law
A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter
Maine Law Review
The United States Federal Government is failing to provide its Native American students with access to equal educational opportunities. Although “tribal sovereignty” provides tribes with the right to self-govern, a “trust relationship” is maintained between the sovereign nations and the federal government. This duality results in tribes being viewed as “domestic dependent nations” by the federal government. Due to this relationship, the federal government has long recognized not only a right, but a duty to utilize its plenary powers to develop necessary legislative and executive authority in order to support the nation’s tribes. Encompassed in this duty is the responsibility, …
