My Glory Days: How I Came To Be In The Right Place At The Right Time.,
2020
University of Montana
My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson
Public Land & Resources Law Review
No abstract provided.
The Writing And Ratification Of The 1972 Montana Constitution,
2020
University of Montana
The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell
Public Land & Resources Law Review
No abstract provided.
Alice Creek,
2020
University of Montana
Montana (1959 – 1989) Political Evolution — Political Revolution,
2020
University of Montana
Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden
Public Land & Resources Law Review
No abstract provided.
Author Biographies,
2020
University of Montana
Table Of Contents,
2020
University of Montana
Letter From The Editor,
2020
University of Montana
Plrlr Editors And Staff,
2020
University of Montana
Learning From The Past And The Pandemic To Address Mental Health In Tribal Communities,
2020
S.J. Quinney College of Law, University of Utah
Learning From The Past And The Pandemic To Address Mental Health In Tribal Communities, Heather Tanana
Utah Law Faculty Scholarship
When COVID-19 hit, it devastated Tribal communities. Based on past federal policies, American Indians and Alaska Natives suffer various health and socioeconomic disparities that make them not only more vulnerable to contracting COVID-19, but also more susceptible to negative outcomes once infected. Much attention has focused on COVID-19 infection rates and related deaths in Indian country. However, the pandemic’s reach has gone beyond physical impacts on the body. COVID-19 has also affected the mental health of Tribal members and their access to mental health services. This Article dives into the effects of the coronavirus pandemic on the mental health and …
Indian Country Post Mcgirt: Implications For Traditional Energy Development And Beyond,
2020
S.J. Quinney College of Law, University of Utah
Indian Country Post Mcgirt: Implications For Traditional Energy Development And Beyond, Elizabeth Kronk Warner, Heather Tanana
Utah Law Faculty Scholarship
The decision in McGirt v. Oklahoma is being heralded as the most important Indian law decision of the last 100 years, as it affirmed the reservation boundaries of the Muscogee (Creek) Reservation – an area long considered by many to be under Oklahoma’s jurisdiction. Yet, following release of the Court’s decision, the outcry from the oil and gas industry was almost instantaneous, as roughly twenty five percent of Oklahoma’s oil and gas well and sixty percent of its oil refineries are impacted by the Court’s decision. Additionally, the territory affected by the Court’s decision also includes pipelines crucial to the …
Mcgirt V. Oklahoma,
2020
University of North Dakota
Mcgirt V. Oklahoma, United States Supreme Court, Neil M. Gorsuch
US Government Documents Related to Indigenous Nations
This United States (US) Supreme Court case, decided July 9, 2020, clarified the boundaries of Indigenous land within the state of Oklahoma (OK) and, by extension, the limits of Oklahoma’s jurisdictional reach. Following the perpetration of his crimes in 1997, Oklahoma state court convicted Jimcy McGirt of three sexual offenses; however, McGirt contended that the state lacked the jurisdiction to try him for these crimes because he is an enrolled member of the Seminole Nation and because his crimes took place on the Creek Reservation (Muscogee Nation). Oklahoma argued that although an 1883 Treaty established a section of land for …
Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes,
2020
University of Idaho College of Law
Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely, Lucius K. Caldwell
Utah Law Review
The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millenia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish habitat pursuant to the Winters Doctrine, which holds that the federal government impliedly reserved water rights for tribes when reservations were created. Recently, the methodology for quantifying these rights has been the Instream Flow Incremental Methodology (IFIM) and/or one of its major components, the Physical Habitat Simulation Model (PHABSIM). These models …
Civil Procedure Update 2020: New Mexico Annual Judicial Conclave,
2020
University of New Mexico - School of Law
Civil Procedure Update 2020: New Mexico Annual Judicial Conclave, Verónica C. Gonzales, George Bach
Faculty Scholarship
These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2019 to May 1, 2020.
- Amendments to the New Mexico Rules of Civil Procedure include NMRA Rule …
Indigenous Feminism Perspectives On Environmental Justice,
2020
Osgoode Hall Law School of York University
Indigenous Feminism Perspectives On Environmental Justice, Deborah Mcgregor
Articles & Book Chapters
In this chapter, you will learn about the emergence of a distinct theoretical, methodological, and practical approach for accounting for gender in relation to environmental justice called Indigenous feminism. Indigenous feminism will be defined and outlined as an important field of study to advance the contributions, insights, rights, and responsibilities of Indigenous women. While the ideology of feminism has been in existence for decades, Indigenous feminism has only recently emerged. Joyce Green, an Indigenous scholar, writes that Indigenous feminism seeks to “raise issues of colonialism, racism and sexism and unpleasant synergies between these three violations of human rights” (Green, 2007, …
Evidence Brief: Impact Assessment And Responsible Business Conduct,
2020
Dalhousie University Schulich School of Law
Evidence Brief: Impact Assessment And Responsible Business Conduct, Sara L. Seck, Penelope Simons, Adebayo Majekolagbe
Responsible Business Conduct and Impact Assessment Law
This Evidence Brief provides a concise overview of the April 2020 report, Sara Seck & Penelope Simons, "Impact Assessment and Responsible Business Guidance Tools in the Extractive Sector: Implications for Human Rights, Gender and Stakeholder Engagement" (Draft Final Report for the SSHRC Knowledge Synthesis Grant: Informing Best Practices in Environmental and Impact Assessments, 13 April 2020).
Ktunaxa Nation V. British Columbia: A Historical And Critical Analysis Of Canadian Aboriginal Law,
2020
University of Washington School of Law
Ktunaxa Nation V. British Columbia: A Historical And Critical Analysis Of Canadian Aboriginal Law, Jennifer Mendoza
Washington International Law Journal
Aboriginal law is a developing and emerging area of the law in Canada. In fact, Aboriginal rights were not constitutionally protected until the ratification of the Canadian Constitution in 1982. What followed was a series of precedent-setting cases that clarified what “rights” meant under Section 35 of the Constitution, how Aboriginal title and rights could be established, and what duty the federal government had to the First Nations when trying to infringe on those rights. In 2017, the Canadian Supreme Court heard Ktunaxa Nation v. British Columbia, which was the first case to interpret Aboriginal rights under Section 2(a) religious …
Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement,
2020
Dalhousie University Schulich School of Law
Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement, Sara L. Seck, Penelope Simons
Responsible Business Conduct and Impact Assessment Law
This report aims to identify RBC tools referenced in the literature as relevant and/or promoted to Canadian extractive companies operating within and outside Canada. While not appraising or pronouncing on the quality of RBC tools, we consider the different actors that promote these diverse tools and whether there is a coherent framework for the efficient and effective application of current and future tools. We focus on RBC tools on human rights, stakeholder engagement, the rights of Indigenous peoples, and the rights of women and girls. Further, we review the position of scholars on the relationship between RBC and IA.
Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Indian Reservation (North Dakota),
2020
Solicitor
Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Indian Reservation (North Dakota), Department Of The Interior, Daniel H. Jorjani
US Government Documents Related to Indigenous Nations
This memorandum, dated May 26, 2020, from the United States Department of the Interior (Office of the Solicitor) to the Assistant Secretary of US Indian Affairs and the Assistant Secretary of Land and Minerals Management rescinds the Solicitor’s January 18, 2017 opinion regarding mineral rights on the Fort Berthold Reservation and asserts that the state of North Dakota, not the Three Affiliated Tribes, is the legal owner of the submerged lands beneath the Missouri River. The Solicitor cites the “Historical Examination of the Missouri River within the Fort Berthold Indian Reservation, Precontact-1902” and his interpretation of laws and case precedent …
A Narrowing Field Of View: An Investigation Into The Relationship Between The Principles Of Treaty Interpretation And The Conceptual Framework Of Canadian Federalism,
2020
Faculty of Law, University of Alberta
A Narrowing Field Of View: An Investigation Into The Relationship Between The Principles Of Treaty Interpretation And The Conceptual Framework Of Canadian Federalism, Joshua Ben David Nichols
Osgoode Hall Law Journal
In its recent decisions in Tsilhqot’in Nation and Grassy Narrows, the Supreme Court of Canada has significantly altered the position of Indigenous peoples within the structure of Canadian federalism. This article sets out to investigate the basis for the Court’s jurisdiction to change this structure. Its approach is historical, as it covers judicial treaty interpretation from St Catherine’s Milling to Grassy Narrows. By contextualizing the most recent change in light of the last 250 years of treaty making, we can see how the notion of Crown sovereignty has become entangled with the Westphalian model of the state (i.e., the state …
Pakootas V. Teck Cominco Metals, Ltd.,
2020
Alexander Blewett III School of Law at the University of Montana
Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte
Public Land & Resources Law Review
Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.
