This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book explores tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The third edition updates the casebook to include recent Supreme Court cases as well as other judicial and legislative developments since 2008. The new edition also expands the materials on cultural and religious resources, the federal trust doctrine, the Cobell settlement, water rights settlements, natural resources damages, and international law.
This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book explores tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies.The third edition updates the casebook to include recent Supreme Court cases as well as other judicial and legislative developments since 2008. The new edition also expands the materials on cultural and religious resources, the federal trust doctrine, the Cobell settlement, water rights settlements, natural resources damages, and international law.
This book describes the struggle of Indian tribes and their governments to achieve freedom and self-determination despite repeated attempts by foreign governments to dominate, exterminate, or assimilate them. Drawing on the disciplines of political science, history, law, and anthropology and written in a direct, readable style, American Indian Tribal Governments is a comprehensive introduction to traditional tribal governments, to the history of Indian-white relations, to the structure and legal rights of modern tribal governments, and to the changing roles of federal and state governments in relation to modem tribal governments. Publication of this book fills a gap in American Indian studies, providing scholars with a basis from which to begin an integrated study of tribal government, providing teachers with an excellent introductory textbook, and providing general readers with an accessible and complete introduction to American Indian history and government. The book's unique structure allows coverage of a great breadth of information while avoiding the common mistake of generalizing about all tribes and cultures. An introductory section presents the basic themes of the book and describes the traditional governments of five tribes chosen for their geographic and cultural diversity-the Senecas, the Muscogees, the Lakotas, the Isleta Pueblo, and the Yakimas. The next three chapters review the history of Indian-white relations from the time Christopher Columbus "discovered" America to the present. Then the history and modem government of each of the five tribes presented earlier is examined in detail. The final chapters analyze the evolution and current legal powers of tribal governments, the tribal-federal relationship, and the tribal-state relationship. American Indian Tribal Governments illuminates issues of tribal sovereignty and shows how tribes are protecting and expanding their control of tribal membership, legal systems, child welfare, land and resource use, hunting and fishing, business regulation, education, and social services. Other examples show tribes negotiating with state and federal governments to alleviate sources of conflict, including issues of criminal and civil jurisdiction, taxation, hunting and fishing rights, and control of natural resources. Excerpts from historical and modem documents and speeches highlight the text, and more than one hundred photos, maps, and charts show tribal life, government, and interaction with white society as it was and is. Included as well are a glossary and a chronology of important events.
Natural resources law is a dynamic field of practice, with a rich history that reaches back several centuries. The authors look at current challenges and offer ideas about the future while demonstrating that the federal government's role continues to be a complex one as markets and private actors become more visible participants in the current policy arena. Part I provides foundational analyses of the law, while the second part reviews thematic issues in the area.
Cajete examines the multiple levels of meaning that inform Native astronomy, cosmology, psychology, agriculture, and the healing arts. Unlike the western scientific method, native thinking does not isolate an object or phenomenon in order to understand it, but perceives it in terms of relationship. An understanding of the relationships that bind together natural forces and all forms of life has been fundamental to the ability of indigenous peoples to live for millennia in spiritual and physical harmony with the land. It is clear that the first peoples offer perspectives that can help us work toward solutions at this time of global environmental crisis.
"Billy Frank, Jr., has been celebrated as a visionary, but if we go deeper and truer, we learn that he is best understood as a plainspoken bearer of traditions, a messenger, passing along messages from his father, from his grandfather, from those further back, from all Indian people, really. They are messages about the natural world, about societies past, about this society, and about societies to come. When examined rigorously - not out of any romanticism but only out of our own enlightened self-interest - these messages can be of great practical use to us in this and future years." - Charles Wilkinson, from the Introduction In 1974 Federal Judge George H. Boldt issued one of the most sweeping rulings in the history of the Pacific Northwest, affirming the treaty rights of Northwest tribal fishermen and allocating to them 50 percent of the harvestable catch of salmon and steelhead. Among the Indians testifying in Judge Boldt's courtroom were Nisqually tribal leader Billy Frank, Jr., and his 95-year-old father, whose six acres along the Nisqually River, known as Frank's Landing, had been targeted for years by state game wardens in the so-called Fish Wars. By the 1960s the Landing had become a focal point for the assertion of tribal treaty rights in the Northwest. It also lay at the moral center of the tribal sovereignty movement nationally. The confrontations at the Landing hit the news and caught the conscience of many. Like the schoolhouse steps at Little Rock, or the bridge at Selma, Frank's Landing came to signify a threshold for change, and Billy Frank, Jr., became a leading architect of consensus, a role he continues today as one of the most colorful and accomplished figures in the modern history of the Pacific Northwest. In Messages from Frank's Landing, Charles Wilkinson explores the broad historical, legal, and social context of Indian fishing rights in the Pacific Northwest, providing a dramatic account of the people and issues involved. He draws on his own decades of experience as a lawyer working with Indian people, and focuses throughout on Billy Frank and the river flowing past Frank's Landing. In all aspects of Frank's life as an activist, from legal settlements negotiated over salmon habitats destroyed by hydroelectric plants, to successful negotiations with the U.S. Army for environmental protection of tribal lands, Wilkinson points up the significance of the traditional Indian world view - the powerful and direct legacy of Frank's father, conveyed through generations of Indian people who have crafted a practical working philosophy and a way of life. Drawing on many hours spent talking and laughing with Billy Frank while canoeing the Nisqually watershed, Wilkinson conveys words of respect and responsibility for the earth we inhabit and for the diverse communities the world encompasses. These are the messages from Frank's Landing. Wilkinson brings welcome clarity to complex legal issues, deepening our insight into a turbulent period in the political and environmental history of the Northwest. "The Boldt decision profoundly changed natural resource management in the Pacific Northwest. This book clearly builds an historical base to help guide us today. The wisdom and patience of Billy Frank fill virtually every page. It is required reading for anyone interested in salmon preservation." - Governor Daniel J. Evans "Charles Wilkinson evokes the character and culture of the Nisqually people as well as their deep love for their land. From Chief Leschi to Billy Frank, we see the long thread of cultural continuity, culminating in modern times with this fight for justice." - Ada Deer (Menominee), University of Wisconsin-Madison Charles Wilkinsonis Moses Lasky Professor of Law at the University of Colorado, Boulder. He is the author ofFire on the Plateau: Conflict and Endurance in the American Southwestand numerous other books, including standard texts on Indian and Federal public land law.
"The story of the extraordinary gains by Indian tribes over the second half of the twentieth century"--Provided by publisher.
This unique book investigates the history and future of American Indian economic activities and explains why tribal governments and reservation communities must focus on creating sustainable privately and tribally owned businesses if reservation communities and tribal cultures are to continue to exist.
Offering broad national coverage on an array of topics, Natural Resources Law, Fourth Edition conveys the drama behind resource disputes and policy and the love-of-place. Most cases are introduced with a photo or map of the place, along with a context-setting paragraph. Each group of cases—both foundational cases as well as new decisions—begins with a factually rich discussion problem tailored to the cases that follow. Many problems mirror traditional essay exam questions; others raise contemporary policy issues. This highly teachable book groups readings into discrete, assignment-sized chunks of 25-40 pages, allowing coverage of 2-4 cases or one problem during each class section. The main emphasis is on primary sources, and each chapter opens with relevant statutory and regulatory sections.
A Civil Action meets Indian country, as one man takes on the federal government and the largest boondoggle in U.S. history--and wins.
The 1996 discovery, near Kennewick, Washington, of a 9,000-year-old Caucasoid skeleton brought more to the surface than bones. The explosive controversy and resulting lawsuit also raised a far more fundamental question: Who owns history? Many Indians see archeologists as desecrators of tribal rites and traditions; archeologists see their livelihoods and science threatened by the 1990 Federal reparation law, which gives tribes control over remains in their traditional territories.In this new work, Thomas charts the riveting story of this lawsuit, the archeologists' deteriorating relations with American Indians, and the rise of scientific archeology. His telling of the tale gains extra credence from his own reputation as a leader in building cooperation between the two sides.
"An Introduction to the American Legal System" is ideal for undergraduate students in legal studies, political science, criminal justice, pre-law, and sociology programs, paralegal programs, as well as for anyone with an interest in the historical and contemporary approaches to law in America.
Chronicles the author's two years spent with the Makah Indians as they prepared for their first whale hunt since the 1920s, describing their struggles against poverty and alcoholism, and their hope for success despite the obstacles.
This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
Russia is among the world's leading oil producers, sitting atop the planet's eighth largest reserves. Like other oil-producing nations, it has been profoundly transformed by the oil industry. In The Depths of Russia, Douglas Rogers offers a nuanced and multifaceted analysis of oil's place in Soviet and Russian life, based on ethnographic fieldwork and archival research in the Perm region of the Urals. Moving beyond models of oil calibrated to capitalist centers and postcolonial "petrostates," Rogers traces the distinctive contours of the socialist—and then postsocialist—oil complex, showing how oil has figured in the making and remaking of space and time, state and corporation, exchange and money, and past and present. He pays special attention to the material properties and transformations of oil (from depth in subsoil deposits to toxicity in refining) and to the ways oil has echoed through a range of cultural registers. The Depths of Russia challenges the common focus on high politics and Kremlin intrigue by considering the role of oil in barter exchanges and surrogate currencies, industry-sponsored social and cultural development initiatives, and the city of Perm's campaign to become a European Capital of Culture. Rogers also situates Soviet and post-Soviet oil in global contexts, showing that many of the forms of state and corporate power that emerged in Russia after socialism are not outliers but very much part of a global family of state-corporate alliances gathered at the intersection of corporate social responsibility, cultural sponsorship, and the energy and extractive industries.
This casebook provides an introduction to the legal relationships between American Indian tribes, the federal government, individual states, and others. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to structure the classroom experience and enhance student engagement. Historical materials are explained to highlight their modern relevance. The third edition includes expanded materials on law and order within Indian country, the Indian Child Welfare Act, and recent Executive Branch actions that increase tribal authority.
The sacred formulas here given are selected from a collection of about six hundred, obtained on the Cherokee reservation in North Carolina in 1887 and 1888, and covering every subject pertaining to the daily life and thought of the Indian, including medicine, love, hunting, fishing, war, self-protection, destruction of enemies, witchcraft, the crops, the council, the ball play, etc., and, in fact, embodying almost the whole of the ancient religion of the Cherokees. The original manuscripts, now in the possession of the Bureau of Ethnology, were written by the shamans of the tribe, for their own use, in the Cherokee characters invented by Sikw�ya (Sequoyah) in 1821, and were obtained, with the explanations, either from the writers themselves or from their surviving relatives.