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Home » Treaty Rights

The Terms of their Deal: Revitalizing the Treaty Right to Limit State Jurisdiction in Indian Country

Dylan Hedden-Nicely | January 6, 2023 | American Indian Law

Below is the abstract for “The Terms of their Deal: Revitalizing the Treaty Right to Limit State Jurisdiction in Indian Country,” available for download on SSRN. For over two hundred years the “whole course of judicial decision” in the United States has...

The Belloni Decision and Its Legacy: United States v. Oregon and Its Far-Reaching Effects After a Half-Century

Michael Blumm and Cari Baermann | June 12, 2019 | American Indian Law

AbstractFifty years ago, Judge Robert Belloni handed down an historic treaty fishing rights case in Sohappy v. Smith, later consolidated into United States v. Oregon, which remains among the longest running federal district court cases in history. Judge Belloni ruled...

Improving Tribal Consultation and Tribal Involvement in Federal Infrastructure Decisions

Jennifer Morinigo | January 18, 2017 | American Indian Law

The U.S. Department of the Interior, U.S. Department of the Army, and U.S. Department of Justice have released the report “Improving Tribal Consultation and Tribal Involvement in Federal Infrastructure Decisions.” From the Report: I. Executive Summary Over the past...

Enbridge Pipeline Litigation, and Its (Potential) Impact on Tribal Treaty Rights in the Great Lakes

Bryan Newland | September 22, 2016 | American Indian Law

In 2010, Enbridge Energy Partners’ Line 6 Oil Pipeline burst near the Kalamazoo River in southern Michigan, spilling 1.1 million gallons of crude oil into the Kalamazoo River system. At the time, it was the worst inland oil spill in the history of the United States....

License to Kill: How Washington May Lose Its Right to Wipe Out Salmon

Daniel Jack Chasan | September 19, 2016 | American Indian Law

So you’re a salmon heading upstream this fall. It hasn’t rained much for months. The water is low. You reach a culvert that takes the stream under a state highway. The culvert was installed higher than it should have been. In February, water may gush through the pipe....
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