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
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
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
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
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
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
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
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
Filed under Author: Peter Vicaire, Canadian Indian
Senate vote on Cobell settlement likely today
Here’s the article from Greenwire.
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
Filed under Author: Kate E. Fort, federal recognition
American Indian Tribal Law
Facing the Future: The Indian Child Welfare Act at 30
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians