Indigenous, Indian, and Aboriginal Law Commons^™

Using The New Equal Protection To Challenge Federal Control Over Tribal Lands, Alex T. Skibine

Public Land & Resources Law Review

No abstract provided.

Specific Relief For Ancient Deprivations Of Property, Shelby D. Green

Akron Law Review

I consider in this paper the extent to which courts rationally and on a principled basis can deny to aboriginal claimants, despite the ancientness of their claims, the specific relief of being restored to possession of their aboriginal lands where the case for such specific relief is otherwise made. The paper begins with a brief discussion of the foundations of property in the Western conception, then goes on to discuss the Europeans’ asserted title to indigenous lands and the various theories of aboriginal title that have emerged. It then explores the past and existing legal obstacles to the judicial resolution …

Treat All Men Alike: An Analysis Of United States V. White Mountain Apache Tribe And Suggestions For True Reparation, Joel A. Holt

Akron Law Review

In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere’s indigenous people. The torture and genocide of Native Americans, motivated by desire for gold and land, did not end with the Spaniards: it carried on through English rule and young America’s taming of the west.

It is estimated that the indigenous population of the continental United States at the time of first contact was between five and ten million. According to the 2000 census, …

The Administrative Tribal Recognition Process And The Courts, Roberto Iraola

Akron Law Review

This article, which is divided into three parts, examines the regulations and the judicial gloss placed on them by the courts. First, and by way of background, the article discusses how tribes historically were recognized. The article then reviews in detail the 1978 regulations as promulgated and amended. Lastly, the article discusses how courts have responded to challenges to, and interpreted various aspects of, these regulations.

Tribal, State, And Federal Cooperation To Achieve Good Governance, Elizabeth Burleson

Akron Law Review

This article considers tribal, state, and federal cooperation to achieve good governance. Part II discusses the patchwork of laws affecting Indian country and analyzes the ways in which criminal jurisdictional uncertainty affects native sovereignty and public safety. Where the legal analysis does not depend upon the use of the term “Indian,” the following discussion uses the term indigenous peoples. Part III addresses civil jurisdiction over non-Indians in general and tribal water quality regulation in particular. Management of natural resources remains one of the core aspects of sovereignty that tribes have retained. The section examines judicial recognition of tribal water rights …

Measures With Multiple Purposes: Puzzles From Ec-Seal Products, Donald H. Regan

Articles

European Communities—Measures Prohibiting the Importation and Marketing of Seal Products is the first case in which the dispute system of the World Trade Organization (WTO) has wrestled with a regulation that pursued multiple conflicting, legitimate purposes. (I will explain later why Brazil—Retreaded Tyres is not such a case.) This generates puzzles about applying the definition of a “technical regulation” to complex measures; about whether an exception to a ban can be justified by a purpose different from that of the ban; and about how to apply “less restrictive alternative” analysis to measures with multiple goals. The first of these puzzles …

Birthright Citizenship, Illegal Aliens, And The Original Meaning Of The Citizenship Clause, Matthew Ing

Akron Law Review

This Article contends that the orthodox interpretation accurately reflects the original public meaning of ‘jurisdiction,’ and that, consequently, the consensualist interpretation is incorrect on originalist grounds. By way of supporting this contention, this Article also seeks to advance the debate regarding the Citizenship Clause in several ways. Although this Article, like others, relies upon the Clause’s legislative history for evidence of original meaning, when analyzing that history this Article also considers 1) the framing-era context of federal Indian law; and 2) the distinction between “original meaning” and “original expected application.” Moreover, in seeking relevant originalist evidence, this Article looks to …

Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe

34 slides

Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Ramsey L. Kropf, Deputy Solicitor for Water Resources, Office of the Solicitor, U.S. Department of the Interior

34 slides

Slides: The Columbia River Treaty, Barbara Cosens

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Barbara Cosens, Professor, University of Idaho College of Law and Waters of the West Graduate Program

22 slides

Slides: Perspectives On Water Management In Arizona, Kathy Jacobs

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona

25 slides

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.

Talking Back, With Reawakened Voices: Analyzing The Potential For Indigenous California Languages Coursework At California Polytechnic State University, Logan Cooper

Ethnic Studies

The legacy of colonialism in the United States, including genocidal practices and cultural assimilation, has left Indigenous languages endangered. Native peoples, scholars, and activists have been working to revive and heal the languages of America’s first peoples, and the cultures those languages speak to, yet more work remains in the field of language revitalization. California Polytechnic State University, San Luis Obispo currently does not offer any course specifically teaching or discussing Indigenous languages, even those of the Chumash people who know the San Luis Obispo area as their ancestral homelands.

By synthesizing revitalization and Indigenous activist literature with the narratives …

And Justice For All, Someday: Indians, Alaska Natives Face Unique Obstacles, Maylinn Smith

Faculty Journal Articles & Other Writings

There are many conditions making access to justice more problematic for American Indians and Alaska Natives. Without adequate knowledge of tribal cultures, contemporary and historical issues impacting Indian peoples, and the laws applicable to Indian country, access to justice for American Indians and Alaska Natives can never be achieved.

The Ongoing Traumatic Experience Of Genocide For American Indians And Alaska Natives In The United States: The Call To Recognize Full Human Rights As Set Forth In The United Nations Declaration On The Rights Of Indigenous Peoples, Angelique Townsend Eaglewoman

American Indian Law Journal

No abstract provided.

The Man Who Sold The World: The Long Con Of Discovery, Jessica Buckelew

American Indian Law Journal

No abstract provided.

Betting On The Tribes: United States Endorsement Of The United Nations Declaration On The Rights Of Indigenous People And The Indian Regulatory Act, Erin Brock

American Indian Law Journal

No abstract provided.

Use Of Native American Tribal Names As Marks, Brian Zark

American Indian Law Journal

No abstract provided.

August 2013-August 2014 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

"For Indian Purposes": Exploring The Role Of Water As A Cultural Resource In Securing A Right To Groundwater For The Agua Caliente Band Of Cahuilla Indians, Courtney Cole

American Indian Law Journal

No abstract provided.