Indigenous, Indian, and Aboriginal Law Commons^™

Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely

Articles

No abstract provided.

Satellite Remote Sensing And Database Management: Who Owns The Digitized Information Relating To Indigenous People And Their Artifacts, Brenda Reddix-Smalls

North Carolina Central Law Review

No abstract provided.

The Application Of Gladue To Bail: Problems, Challenges, And Potential, Jillian Anne Rogin

LLM Theses

This paper argues that the principles articulated by the Supreme Court of Canada in R. v. Gladue and re-iterated in R. v. Ipeelee are being interpreted and implemented at the bail phase in a manner that exacerbates, rather than ameliorates the systemic failures of the criminal justice system in its dealings with Aboriginal people. Aboriginal people are grossly over-represented in Canadian prisons including those being detained in remand custody. It is now settled that the principles expressed in Gladue are applicable outside of the context of sentencing and in many jurisdictions have been found to be applicable to judicial interim …

Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act, United States 113th Congress

Native American Water Rights Settlement Project

The overall purpose of this Act is to ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.

Great Nations Can Work On Mistakes, Kevin Washburn

Faculty Scholarship

No abstract provided.

Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl, Christopher Deluzio

Pace Law Review

Part I of this article will provide an overview of the legal doctrines implicated in Adoptive Couple v. Baby Girl. First, Part I will discuss both Indian Child Welfare Act’s text and purpose and scholarly attention given to the law. Second, Part I will examine the law of putative fathers insofar as relevant to understanding ICWA’s application in Adoptive Couple. Part II provides insight into the Court’s equal protection jurisprudence with a particular emphasis on considerations of race in adoption and laws implicating Indian tribes. This Part introduces the limited scholarly treatment afforded to the equal protection issues implicated by …

A Globally Sustainable Right To Land: Utilizing Real Property To Protect The Traditional Knowledge Of Indigenous Peoples And Local Communities, Jennifer Lynn Zweig

Georgia Journal of International & Comparative Law

No abstract provided.

Fifty Thousand Years Old And Still Fighting For Rights: The Continuing Struggle Of Australia's Indigenous Population, Emily Hart Cobb

Georgia Journal of International & Comparative Law

No abstract provided.

Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society

Celebrating the Great Law: The Wilderness Act at 50 (September 4-5)

"A conference sponsored by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Wilderness Society."

On September 3, 2014, the National Wilderness Preservation System—established and protected by the Wilderness Act of 1964—celebrates its 50th anniversary. We are gathering on September 4th and 5th to celebrate Wilderness—“ornery old wilderness, scratchy, sweaty, and distant, but sacred every step of the way”—and to commemorate the great law so central to its protection.

This is not an ordinary conference, full of dry presentations or heated policy debates. Instead, this will be a full-throated love song to wild country. We have brought …

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito

Florida A & M University Law Review

More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …

Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …

Final Unified Decree For The Snake River Basin Adjudication, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …

Final Unified Decree For The Snake River Basin Adjudication, District Court Of The Fifth Judicial District Of The State Of Idaho, In And For The County Of Twin Falls

Native American Water Rights Settlement Project

Court Decree: Unified Final Decree relating to all water rights in Snake River Basin. Contents: I. Procedure, p.1; II. Findings of Fact, p.4; III. Conclusions of Law, p.6; IV. Order p. 9; Attachments available on website:

Attachment 1: Snake River Basin Water System Map

Attachment 2 -- Issued Partial Decrees by subcase or basin number

Attachment 3 -- General Provisions by Basin

Attachment 4 -- Water Right Agreements Between the State of Idaho and the United States of America:

Shoshone-Bannock Tribes

- Revised Partial Final Consent Decree Determining the Rights of the Shoshone-Bannock Tribes

- Water Right Partial Decrees

- …

Review: 'Oklahoma’S Indian New Deal', Blake Watson

School of Law Faculty Publications

Citation information for the book reviewed:

Blackman, Jon S. 2013. Oklahoma's Indian New Deal. Norman, OK: University of Oklahoma Press, 2013.

Indian Gaming – The Next 25 Years, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary for Indian Affairs United States Department of the Interior Before the Senate Committee on Indian Affairs Oversight Hearing

Subaltern Voices In The Trail Of Tears: Cognition And Resistance Of The Cherokee Nation To Removal In Building American Empire, Kenneth M. Casebeer

University of Miami Race & Social Justice Law Review

No abstract provided.

American Blood: Who Is Counting And For What?, Gerald Torres

Cornell Law Faculty Publications

When thinking about "who counts," I initially titled this Essay: "Who is Counting and for What?" I wanted to highlight the role that power necessarily plays in the very asking of the question. It presumes a perspective, and interrogating that perspective can only occur if the second part of the question is answered. Because race has always played a critical role in our culture from the very beginning, I wanted to explore one of the many ways it has been deployed to justify a particular expression of power. The story virtually every American learns is the story of the inevitable …

Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison

Publications

Water resource systems often contain numerous components that are intertwined or even contradictory, such as power production, water delivery, recreation, and environmental needs. This complexity makes it difficult to holistically assess management alternatives. In addition, hydro climatic and ecological uncertainties complicate efforts to evaluate the impacts of management scenarios. We need new tools that are able to inform managers and researchers of the tradeoffs or consequences associated with flow alternatives, while also explicitly incorporating sources of uncertainty. My research addresses this limitation using two modeling approaches: stochastic system dynamics modeling and Bayesian network modeling. I developed a stochastic system dynamics …

The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig

Publications

It is time to move past the concept of sustainability. The realities of the Anthropocene warrant this conclusion. They include unprecedented and irreversible rates of human-induced biodiversity loss, exponential increases in per-capita resource consumption, and global climate change. These factors combine to create an increasing likelihood of rapid, nonlinear, social and ecological regime changes. The recent failure of the Rio +20 provides an opportunity to collectively reexamine--and ultimately move past--the concept of sustainability as an environmental goal. We must face the impossibility of defining--let alone pursuing--a goal of "sustainability" in a world characterized by such extreme complexity, radical uncertainty and …

The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig

Publications

No abstract provided.