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Book A Compilation of Indian Treaty Fishing Rights Cases

Download or read book A Compilation of Indian Treaty Fishing Rights Cases written by Columbia River Inter-Tribal Fish Commission and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This compilation of federal court decisions relevant to treaty fishing rights on the Columbia River was prepared by the Columbia River Inter-Tribal Fish Commission for the purpose of informing decision makers and the public about the law supporting and interpreting the fish provisions of the treaties. It is not intended to be inclusive inlight of the immense amount of litigation on this subject which has been initiated in the federal courts at all levels. Persons wishing to review other cases relevant to these matters may wish to obtain copies of other cases cited in these attached decisions from a law library.

Book Indian Fishing Rights

Download or read book Indian Fishing Rights written by United States. Congress. Senate. Committee on Interior and Insular Affairs. Subcommittee on Indian Affairs and published by . This book was released on 1964 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (88) S.J. Res. 170, (88) S.J. Res. 171.

Book Scope of Indian Treaty Fishing Rights

Download or read book Scope of Indian Treaty Fishing Rights written by Robert E. Lindekugel and published by . This book was released on 1986 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This compilation of federal court decisions relevant to treaty fishing rights in the Columbia River Basin was prepared by the Columbia River Inter-Tribal Fish Commission to inform decision makers and the public about the law defining the scope of those treaty rights. These decisions consider whether the treaty fishing right includes the right to have fishery habitat protected from despoilation caused by logging, agriculture, and hydro-power development in the Basin. It is not intended to be inclusive in light of the amount and complexity of the litigation initiated in the federal courts on this subject. Copies of other cases cited in these attached decisions can be obtained from a law library"--Page [i].

Book Indian Fishing Rights

    Book Details:
  • Author : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment
  • Publisher :
  • Release : 1978
  • ISBN :
  • Pages : 344 pages

Download or read book Indian Fishing Rights written by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment and published by . This book was released on 1978 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Indian Treaty Fishing Rights and Habitat Protection

Download or read book Indian Treaty Fishing Rights and Habitat Protection written by Michael C. Blumm and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-nineteenth century, as the pace of American westward expansion accelerated and tension between white settlers and indigenous tribes mounted, the federal government convinced many Pacific Northwest tribes to enter into treaties that would facilitate white settlement. In exchange for cession of millions of acres of their homeland, the tribes retained the right of taking fish at all usual and accustomed places in common with white settlers. In the 1905 case United States v. Winans, the United States Supreme Court explained that the treaty fishing right constitutes a "servitude upon every piece of land." We have described this servitude as a "piscary profit," a familiar property right at common law that must be exercised free from unreasonable interference. While the universally shared assumption at the time the treaties were signed was that the salmon resource was inexhaustible, in fact the salmon have been in precipitous decline since the late-1800s. This scarcity bred conflicts, which have forced the tribes to enforce their treaty fishing right in the courts for over a century. This article explores the history and contours of the treaty fishing right from 1905 to present, tracing the evolution of the federal courts' understanding that implied within the fishing right is a right of access, a right to a fair share of the salmon harvest, and a right of habitat protection. In particular, the article examines the 2007 Culverts Case, in which Judge Ricardo S. Martinez resoundingly affirmed that the treaty fishing right prohibits habitat-damaging activities that preclude tribes from earning a moderate living through fishing-in this case, the state of Washington's construction and maintenance of fish passage-blocking culverts. The article concludes that not only is Judge Martinez's decision the logical progeny of over a century's worth of precedent, the result is consistent with common law principles of profits. In the end, the Martinez Decision represents the most important treaty fishing rights decision in decades, with the potential to rectify a fundamental unfairness in treaty fishing rights law, which previously provided access to fisheries, allocated harvest shares, and yet allowed destruction of the salmon resource, the central consideration of one of the largest real estate transactions in history.

Book Indian Fishing Rights

Download or read book Indian Fishing Rights written by United States. Congress. Senate. Select Committee on Indian Affairs and published by . This book was released on 1987 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Indian Treaty Fishing Rights

Download or read book Indian Treaty Fishing Rights written by Elizabeth B. Bazan and published by . This book was released on 1981 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussion concentrates on the states of Michigan, Washington, and, to a lesser extent, California.

Book Indian Fishing Rights

Download or read book Indian Fishing Rights written by United States. Congress. Senate. Committee on Interior and Insular Affairs and published by . This book was released on 1964 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Treaties on Trial

    Book Details:
  • Author : Fay G. Cohen
  • Publisher : Seattle : University of Washington Press
  • Release : 1986
  • ISBN : 9780295962689
  • Pages : 229 pages

Download or read book Treaties on Trial written by Fay G. Cohen and published by Seattle : University of Washington Press. This book was released on 1986 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Top Fifty

Download or read book Top Fifty written by National Indian Law Library and published by . This book was released on 1990 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Social Reform and the Use of the Law as an Instrument of Social Change

Download or read book Social Reform and the Use of the Law as an Instrument of Social Change written by Mary B. Olson and published by . This book was released on 1984 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Treaty Fishing Rights and the Northwest Indian Fisheries Commission

Download or read book Treaty Fishing Rights and the Northwest Indian Fisheries Commission written by Northwest Indian Fisheries Commission (Wash.) and published by . This book was released on 1980 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Indian Affairs  Vol  3

    Book Details:
  • Author : Charles Joseph Kappler
  • Publisher : Forgotten Books
  • Release : 2018-03-18
  • ISBN : 9780364918036
  • Pages : 824 pages

Download or read book Indian Affairs Vol 3 written by Charles Joseph Kappler and published by Forgotten Books. This book was released on 2018-03-18 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Indian Affairs, Vol. 3: Laws and Treaties; (Laws) Compiled to December 1, 1913 I have the honor to present to the Congress, in compliance with its resolution, the third volume of my compilation of Indian Laws and Treaties. The former volumes were first published under a resolution of the Senate in 1902, and shortly thereafter a second edition was ordered by a concurrent resolution of the two Houses. This third volume brings down to date all laws relative to Indian affairs passed by Congress since 1902 together with all Executive proclamations, departmental orders, etc., relating to Indian reservations to date, a list of Indian trust funds standing to the credit of various tribes, and also several old Indian treaties which it was not possible to procure when the volume containing the treaties was prepared. It was the compiler's purpose when he began the work on the third volume to make it superior, if possible, to the first two volumes, and thinks he has succeeded at least in making it more comprehensive and useful by inserting annotations and citations from the opinions of the Supreme Court of the United States, the Federal and State Courts, the Court of Claims, the Interior Department, the Attorney General, and the Comptroller of the Treasury, wherever it was found that the laws had been construed. In addition, the compiler was successful in obtaining the consent of the publishers of the Cyclopedia of Law and Procedure (cyc) to allow the reprinting in the third volume of the article on Indians, which covers fully and completely the general law relating to Indians and will be found extremely useful as a ready reference. This, in connection with the annotations and the citations to court decisions and a thorough index will enable the freest investigation of any question relating to Indians and Indian affairs. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Book Treaties with American Indians  3 volumes

Download or read book Treaties with American Indians 3 volumes written by Donald L. Fixico and published by Bloomsbury Publishing USA. This book was released on 2007-12-12 with total page 1318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 legislation that ended the treaty process, to the continuing impact of treaties in force today. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region.

Book Washington V  United States

Download or read book Washington V United States written by and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Politics  Law and Indian Treaties

Download or read book Politics Law and Indian Treaties written by Philip Lee Fetzer and published by . This book was released on 1981 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: