Monthly Archives: November 2010

BBC America to Cover Tribal Law and Order Act

According to a BBC America preview, BBC World News America will cover the Tribal Law and Order Act on its show this evening.  The show is on BBC America at 7pm.  Unfortunately, the show doesn’t seem to put much video … Continue reading

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Filed under Author: Kate E. Fort, TLOA

New Scholarship on Indigenous Traditional Knowledge and Intellectual Property Law

Ikechi Mgbeoji has posted “Making Space for Grandma: The Emancipation of Traditional Knowledge and the Dominance of Western-Style Intellectual Property Rights Regimes” on SSRN. Here is the abstract: The question that this paper seeks to tackle is whether the patent … Continue reading

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Filed under Author: Matthew L.M. Fletcher, cultural resources, Scholarship

New Paper on Indigenous Customary Law and Water Resource Management

Donna Craig and Elizabeth Gachenga have published “The Recognition of Indigenous Customary Law and Water Resource Management” in Water Law; also posted on SSRN. Article here: Indigenous Customary Law in Water Resource Management Here is the abstract: There is an inextricable … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Environmental, Scholarship

White House Statement on Passage of Claims Settlement Act of 2010

THE WHITE HOUSE Office of the Press Secretary ___________________________________________________________________________ FOR IMMEDIATE RELEASE November 19, 2010   Statement by the President on the Senate Passage of the Claims Settlement Act of 2010   I applaud the Senate for passing the Claims … Continue reading

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Filed under Author: Matthew L.M. Fletcher, News

Calif. Court of Appeals Decides ICWA Notice Case

Here is the opinion in In re C.B. An excerpt: We reverse for limited purposes, specifically to allow adequate notice to be provided to the Seneca tribes and to allow the court to determine, under the proper standard, the applicability … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research

Senate Passes Cobell Settlement; Leaves Attorney Fees Question to Federal Judge

Here is the coverage from BLT and the announcement from Secretary Salazar. An excerpt from the BLT story: Debate over the settlements had drawn out for months over how to pay for them and over how much of the $3.4 billion … Continue reading

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Filed under Author: Matthew L.M. Fletcher, News

Washington State Trial Court Rules Against Swinomish Tribe on Instream Flow Issues

Here’s the letter opinion: <a href="Thurston County Court decison“> The Swinomish Tribe and the City of Anacortes were fighting to keep water in the stream for salmon. The Department of Ecology had repeatedly amended the instream flow rule to the … Continue reading

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Filed under Author: Ann Tweedy, Environmental, News, treaty rights

Supreme Court of Canada – Beckman v. Little Salmon/Carmacks First Nation – Duty to Consult Doctrine Met by the Crown

Hot off the presses!  And the Canadian Supreme Court hits keep on coming.  This case, released just today, discusses important questions about the duty to consult and the interpretation/implementation of modern comprehensive land claims treaties between the Crown and First … Continue reading

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Filed under Author: Peter Vicaire, Canadian Indian

Senate vote on Cobell settlement likely today

Here’s the article from Greenwire.

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Filed under Author: Ann Tweedy, News, trust relationship

BIA Issues Proposed Finding on Tolowa Nation Petition

From the press release: WASHINGTON – Acting Assistant Secretary-Indian Affairs George T. Skibine has issued a proposed finding not to acknowledge the petitioner known as the Tolowa Nation (TN), Petitioner #85, located in Fort Dick, Calif., as an Indian tribe … Continue reading

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Filed under Author: Kate E. Fort, federal recognition