Indigenous, Indian, and Aboriginal Law Commons^™

Mediating Our Future: The Role Of The Land Buy-Back Program In Rebuilding Confidence And Strengthening Trust Between Tribal Nations And The United States Government, Brieann West

Journal of the National Association of Administrative Law Judiciary

The role that government regulatory agencies like the Department of Interior, Bureau of Indian Affairs played in enforcing Native American land leasing and land rights issues has changed substantially over the past five years. Current changes include, empowering American Indian tribes to exercise autonomy over tribal land leases, and the introduction of the Land Buy-Back program. Despite these positive strides, several questions remain; including, how reuniting previously divided allotments of land and placing them in trust will impact the current trust relationship? Should tribes have more say over which fractionated land allotments receive purchase offers and how these lands will …

Supreme Court Brief Interviews Creel, Barbara L. Creel

Faculty Scholarship

If tribal courts provided competent counsel to indigent Indian defendants, Creel said, "Then I would say, 'Prosecute all day long.' But [federal prosecutors] are trying to short-circuit that. They're saying because we have this epidemic, let's make it easier for everyone involved. That's against constitutional values and tribal values."

Creel asks the justices to hold that all persons facing incarceration must have the same protections in place. "That wouldn't apply the Constitution to tribes but it would disallow federal prosecutors from using uncounseled convictions."

Getches-Wilkinson Center Newsletter, Spring 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

The Great Sioux Nation V. The "Black Snake": Native American Rights And The Keystone Xl Pipeline, Cindy S. Woods

Buffalo Human Rights Law Review

The Keystone XL Pipeline has been shrouded in controversy almost since its conception. As a structure intending to cross the Canadian border into the United States, the Pipeline must receive presidential approval before construction can commence. Since 2008, TransCanada has at- tempted to obtain this approval unsuccessfully. Criticism against the Pipe- line has focused largely on the negative environmental impacts that will likely accompany its construction and utilization, and it is precisely these environmental concerns that have ultimately stymied presidential approval and made international headlines. In November 2015, the U.S. government denied TransCanada's application, effectively killing the Keystone XL pro- …

Congress, Tribal Recognition, And Legislative-Administrative Multiplicity, Kirsten Matoy Carlson

Indiana Law Journal

Most descriptions of federal recognition by political scientists, anthropologists, and legal scholars focus on an administrative process run by the Office of Federal Acknowledgment (OFA) within the Bureau of Indian Affairs (BIA). To the extent that scholars discuss the role of Congress in recognizing Indian nations, they suggest that it plays a diminishing one. In fact, this misconception pervades the field. Most scholars assume that Congress has largely ceded control over the recognition of Indian nations to the BIA.

This discrepancy begs the question: Who has it right? Hollywood screenwriters or the academic experts? The answer to this question matters …

Limiting The Legal Liability Of Religious Institutions For Their Clergy: Cavanaugh V Grenville Christian College, M H. Ogilvie

Dalhousie Law Journal

The purpose of this article is to explore the case law relating to the potential legal liability of ecclesiastical institutions for the conduct of their clergy and lay employees in the tort of negligence, vicarious liability and breach of fiduciary duty While a number of cases have resulted in findings of liability especially in those relating to the Indian residential schools, a recent decision from the Ontario Court of Appeal, Cavanaugh v. Grenville Christian College, suggests ways of thinking about the limits and scope of liability for institutions whose charitable purposes are occasionally betrayed by rogue persons over whom theymay …

Developments On Aboriginal Title, Kent Mcneil

All Papers

I would like to thank the organizers of this conference, especially Arif Bulkan and Velma Newton, for inviting me to speak and welcoming me to Belize.

Tom Berger has made my task much easier by presenting the philosophical and legal underpinnings for Indigenous land rights, and providing an introduction to the development of the doctrine of Aboriginal title in Canada.

I am going to try to fill in some of the detail by drawing a composite picture of Indigenous rights in the four common law jurisdictions that I am familiar with, namely Canada, the United States, Australia, and New Zealand. …

New Approaches To Energy Development In Indian Country: The Trust Relationship And Tribal Self-Determination At (Yet Another) Crossroads, Monte Mills

Faculty Journal Articles & Other Writings

Energy development in Indian country exists at the crossroads of tribal self-determination and the federal government's trust responsibility. This article reviews the foundations of this crossroads, describes recent developments, and analyzes pending proposals that may enhance both tribal sovereignty and energy development in Indian country.

Partial Final Judgment And Decree Of The Water Rights Of The Pueblos Of Nambé, Pojoaque, San Ildefonso, And Tesuque, Usdc, Dcnm

Native American Water Rights Settlement Project

Court Decree: Partial Final Judgment and Decree of the Water Rights of the Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque

Parties: Pueblos of Nambé, Pojoaque, San Ildefonso, Tesuque.

Contents: Approval of Settlement Agreement p. 2; Acquired Water Rights p. 3; Nambé Water Rights p. 3; Pojoaque Water Rights p. 5; Tesuque Water Rights p. 7; San Ildefonso Water Rights p.9; Limitations p. 11; Enforcement, Administration, Held in Trust p. 12.

Attachments: Attachment 1, p. 13: Nambé irrigation uses, domestic, community, commercial and industrial uses, livestock uses; Attachment 2, p. 25: Pojoaque irrigation uses, domestic, community, commercial and industrial …

Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley

Touro Law Review

No abstract provided.

Brief For Barbara L. Creel And The Tribal Defender Network, Us V. Bryant, Barbara L. Creel, John Lavelle

Faculty Scholarship

Although Congress intended to protect women in Indian Country from domestic abuse, they condoned the use of prior “uncounseled” tribal court convictions to charge and convict an Indian as a federal habitual domestic violence offender.

Justice Ruth Bader Ginsburg, who wrote Bryant, denigrates Indian people’s civil rights, citing the need to protect Native women from domestic violence. But Department of Justice statistics show most domestic violence perpetrators in Indian country are non-Indians, and the Bryant decision leaves intact their constitutional rights, including the right to appointed counsel.

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow

Touro Law Review

No abstract provided.

U.S. Restores Millions Of Acres To Native Americans, Kevin Washburn

Faculty Scholarship

The Obama Administration has restored nearly 2 million acres to tribal ownership in a variety of different ways.

Practical Reasoning And The Application Of General Federal Regulatory Laws To Indian Nations, Alex T. Skibine

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Happier Ending For Everyone: Resolving Adoption Disputes Between Putative Fathers And Adoptive Parents Through Clinical Mediation, Tiffany Bostinelos

Pepperdine Dispute Resolution Law Journal

This article will discuss the problems putative fathers face when their biological child is put up for adoption without their consent or knowledge. It will further argue that when a custody issue does arise between putative fathers and adoptive parents, the best way to resolve the custody dispute--and more importantly protect the best interest of the child--is through a process called clinical mediation. Finally, even if clinical mediation is not successful, this article will argue that clinical mediators should be permitted to make recommendations to the court as to the custody or visitation issues.

Partial Final Judgment And Decree On The Water Rights Of Taos Pueblo, Usdc, Dcnm

Native American Water Rights Settlement Project

Court Decree: Partial Final Judgment and Decree on the Water Rights of Taos Pueblo: Parties: Taos Pueblo, New Mexico, USA, Town of Taos, Taos Valley Acequia Association, El Prado Water and Sanitation District, 12 Mutual Domestic Water Consumer Associations. Recitals; Approval of Settlement Agreement; Contract Rights to Water from San Juan - Chama Project; Historic and Existing Use Water Rights; Historically Irrigated Acreage; Municipal, Domestic, and Industrial Use; Livestock Use; Groundwater Rights; Disclaimers; Records of Water Use; Change of Use; Rights Held in Trust; Conclusions; Entry and Modification of Decree. 38 Exhibits: 5973-1 Taos Pueblo Settlement Agreement; 5973-2, Att. 1 …

Uncounseled Convictions A Threat To Indians, John P. Lavelle

Faculty Scholarship

The Supreme Court is now poised to address whether a tribal court conviction that did not give the Indian defendant representation by a lawyer can be used to increase the sentence when the Indian is later prosecuted on a federal domestic assault charge.

Cedar Mesa Proposal Good For All, Kevin Washburn

Faculty Scholarship

A coalition of tribes, led by the Hopi and the Navajo, and including the Utes of Colorado and Utah and several of New Mexico’s pueblos have asked President Obama to use the Antiquities Act to declare this landscape a national monument to be protected alongside other nearby national treasures, such as Arches, Canyonlands, Bryce Canyon and Zion National Parks.

Border Town Bullies: The Bad Auto Deal And Subprime Lending Problem Among Navajo Nation Car Buyers, Megan Horning

Student Published Scholarship

This article argues that due to the circumstances of Navajo Nation residents, Navajo car buyers have a greater need for cars and are therefore disproportionately harmed by unfair border town auto deals and subprime auto loans. Additionally, this article suggests several ways to address these issues while acknowledging the conundrum created if Navajo Nation residents are prevented from buying cars.

Part I of this article describes the current U.S. auto sales and lending process, including the stages of car buying, credit score calculation, and how national auto sales, lending, and investment markets profit from unfair car sales and subprime lending. …