Get American Indian Law Deskbook: Conference of Western PDF

By Larry Long, Clay Smith

ISBN-10: 0870819259

ISBN-13: 9780870819254

A collaborative attempt from lawyer basic places of work confronted day-by-day with felony questions regarding country and tribal family, the yank Indian legislation Deskbook, Fourth variation is an up to date, complete treatise on Indian legislation. The Deskbook presents readers with the neccessary ancient and felony framework to appreciate the complexities confronted through states, Indian tribes, and the government in Indian kingdom. integrated are the subsequent: * The evolution of federal statutory Indian legislation and the judicial foundations of federal Indian coverage. * an in depth compilation and research of federal and country court docket judgements. * Reservation and Indian lands possession and estate pursuits. * The parameters of felony jurisdiction in Indian nation. * innovations of tribal sovereignty and jurisdiction on the subject of a few particular components, together with tribal courts, looking and fishing, environmental law, water rights, gaming, and baby welfare. * Cooperative ways utilized by the states and tribes for resolving jurisdictional disputes and selling larger kin. Thorough, scholarly, and balanced, the yank Indian legislation Deskbook, Fourth version is a useful reference for quite a lot of humans operating with Indian tribes, together with lawyers, felony students, executive officers, social staff, nation and tribal jurists, and historians. This revised version comprises details from more moderen courtroom judgements, federal statutes, administrative rules, and legislations studies.

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75 (2004–2005) (arguing that Johnson did not conclude “the legal rights of Native Americans had been totally extinguished by the doctrine of discovery” as he viewed the holding in Tee-Hit-Ton Indians v. United States); Watson, supra note 9, at 444–47 (discussing origins of discovery doctrine and academic response to its application in Indian country); David H. Getches, Conquering the Cultural Frontier: The New Subjectivism of the Supreme Court Indian Law, 84 Cal. L. Rev. 1573, 1581 (1996) (refusing to join “in the well developed debate over the legitimacy of these origi‑ nal principles” since “[i]t is too late in the day to revisit two centuries of consistently and firmly reiterated precedent or to expect a basic reformation of the historical legal relationship of the United States to Indian tribes”).

The tribe’s theory was rejected by the Federal Claims Court but accepted by the Court of Appeals for the Federal Circuit. Navajo Nation v. United States, 68 Fed. Cl. 3d 1327 (Fed. Cir. 2007). The “network” claim was predicated on two treaties, an Executive Order and several statutes including the 1950 Navajo-Hopi Rehabilitation Act, the 1977 Surface Mining Control and Reclamation Act, the 1983 Federal Oil and Gas Royalty Management Act, and regulations implementing the latter two laws. The Federal Circuit found the “network” to be money-mandating on the basis of five considerations: the existence of a trust relationship and trust language, federal control of coal resource planning, federal control of coal mining operations, federal control of the management and collection of coal mining royalties, and federal control of coal leasing and liabilities arising from the leasing arrangements.

L. Rev. 1109, 1118 (2004) (“Justice Marshall held [in the trilogy] that Indian tribes are subject to the greater power of the federal government with respect to the disposition of property, that Indian tribes do not have the status of foreign nations, and that Indian tribes nonetheless retain their pre-constitutional powers of self-governance over their members and their territory, subject only to the superior power of the federal government, and not to that of states”). 24 See McClanahan v. S.

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American Indian Law Deskbook: Conference of Western Attorneys General by Larry Long, Clay Smith


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