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Pages
- Title
- Colorado River governance: sharing federal authority as an incentive to create a new institution
- Summary
- Article published in the Summer, 1997 issue of the University of Colorado Law Review.
- Year
- 1997
- Type
- Publications
- Publisher
- University of Colorado Law Review
- Place
- Boulder
- Title
- In the Supreme Court of the United States, October term 1997: State of Alaska, petitioner, vs. Native Village of Venetie Tribal government, et al., respondents: on writ of certiorari to the United States Court of Appeals for the Ninth Circuit: brief of amici curiae Indian law professors in support of affirmance
- Summary
- In 1943, the Secretary of the Interior set aside a 1.8 million acre reservation in Alaska (less than one-half of one percent of the State's land area) to protect the hunting grounds of the Natives of Venetie and Arctic Villages ("Venetie Reservation"). Unlike almost all other Native villages in Alaska, the Natives of Venetie and Arctic Villages elected under section 19(b) of the 1971 Alaska Native Claims Settlement Act, 43 U.S.C. Sec. 1601, 1618(b) ("ANCSA") to acquire title to their existing reservation and thereby to forgo any other land or economic benefits under the Act. The question presented is: Whether the Ninth Circuit correctly held, based on the complete absence of language in ANCSA extinguishing Indian country in Alaska, that the Native Village of Venetie Tribal Government (which represents both Venetie and Arctic Village) occupies Indian country and retains its inherent authority to tax business activities occurring within its territory in order to provide essential government services in an area not served by any other local government.
- Year
- 1997
- Type
- Litigation
- Publisher
- Cockle Law Brief Printing
- Place
- [Omaha, Nebraska]
- Title
- Dedication to Professor Ralph W. Johnson
- Summary
- Dedication to University of Washington law professor Ralph W. Johnson published in the October, 1997 issue of the Washington Law Review.
- Year
- 1997
- Type
- Publications
- Publisher
- School of Law, University of Washington
- Place
- Seattle
- Title
- Secretarial powers under the Federal Land Policy and Management Act of 1976: excessive use of Section 204 withdrawal authority by the Clinton administration : joint oversight hearing before the Subcommittee on National Parks and Public Lands and Subcommittee on Energy and Mineral Resources of the Committee on Resources, House of Representatives, One Hundred Sixth Congress, first session, March 23, 1999, Washington, DC
- Summary
- Oral and written testimony of David H. Getches during the Congressional hearing on secretarial powers under the Federal Land Policy and Management Act of 1976 and excessive use of Section 204 withdrawal authority by the Clinton Administration.
- Year
- 1999
- Type
- Congressional Testimony
- Publisher
- U.S. G.P.O.
- Place
- Washington
- Title
- La gouvernance de bassin-versant : des limites naturelles pour des décisions relatives aux ressources naturelles: The watershed governance: natural boundaries for decisions about natural resources
- Summary
- Article written in French and published in a 1999 issue of Espaces et Sociétés journal.
- Year
- 1999
- Type
- Publications
- Publisher
- Espaces et sociétés
- Place
- Paris, France
- Title
- Hotel Employees & Restaurant Employees International Union, petitioner, v. Gray Davis, as Governor, etc., et al., respondents; Frank Lawrence, real party in interest: Eric Cortez et al., petitioners, v. Gray Davis, as Governor, etc., respondent: Frank Lawrence et al., real parties in interest: nos. S074850, S074851
- Summary
- Case summary: The Supreme Court of California issued a peremptory writ of mandate prohibiting the Governor and the Secretary of the State of California from implementing Proposition 5, an initiative that would add a section to the government code detailing tribal-state compacts for gaming and gambling in the state. The Court held all but the last sentence of Proposition 5 was invalid because it was inconsistent with the anti-casino provision of California's Constitution.
- Year
- 1999
- Type
- Litigation
- Publisher
- West Pub. Co.
- Place
- St. Paul
- Title
- Dedication: Professor Albert E. Utton (1931-1998) [University of New Mexico Law School]
- Summary
- Dedication to University of New Mexico law professor Albert E. Utton published in the Winter, 1990 issue of the Colorado Journal of International Environmental Law and Policy.
- Year
- 1999
- Type
- Publications
- Publisher
- University Press of Colorado for The Colorado Journal of International Environmental Law
- Place
- Niwot, CO
- Title
- United States Court of Appeals for the Ninth Circuit: Katie John, et al., plaintiffs-appellees v. United States of America, et al., defendants-appellees, and State of Alaska, and Frank Rue, in his capacity as Commissioner of the Alaska Department of Fish & Game, defendants-appellants: appeal from the United States District Court for the District of Alaska (no. A90-484-CV (HRH), consolidated with no. A92-264-CV (HRH): brief of amici curiae, natural resources and Indian law professors in support of private appellees and affirmance
- Summary
- Addresses issue raised by State of Alaska as to whether the Secretary of the Interior has specific authority to adopt a comprehensive scheme for fish and wildlife management on "public lands" as defined in Section 102 of the Alaska National Interest Lands Conservation Act (ANILCA).
- Year
- 2000
- Type
- Litigation
- Publisher
- [Fredericks, Pelcyger & Hester?]
- Place
- [Louisville, Colo.?]
- Title
- City of Williams, et al., plaintiffs, v. Michael Dombeck, et al., defendants: no. civ.a. 00-0066 CKK
- Summary
- Case summary: The District Court granted in part and denied in part plaintiffs' claims against the United States Forest Services' decisions to approve land exchanges near the Grand Canyon. Plaintiffs' claims allege violations of the National Environmental Policy Act of 1969 (NEPA) and the Federal Land Policy and Exchange Management Act (FLPMA). The court dismissed plaintiff's claims in violation of FLPMA as unripe because the Forest Service's decision to exchange land is dependent on title transfer and rezoning, neither of which have occurred or are imminent. The Court granted defendants summary judgment as to violation of NEPA stipulated in counts IV, V, and VII of plaintiffs' complaint and granted plaintiffs summary judgment as to violation of NEPA stipulated in count III of its complaint.
- Year
- 2001
- Type
- Litigation
- Publisher
- West Pub. Co.
- Place
- St. Paul
- Title
- City of Williams, et al., plaintiffs, v. Michael Dombeck, et al., defendants: civ.a. no. 00-0066(CKK)
- Summary
- Case summary: The United States District Court for the District of Columbia denied plaintiffs' motion to amend its complaint against the United States Forest Service alleging violations of the National Environmental Policy Act of 1969 (NEPA) and the Federal Land Policy and Exchange Management Act (FLPMA). The Court found plaintiffs' proposed amendments to the complaint were not warranted and would unduly prejudice the defendants because of the untimeliness of the amendments and the addition of tangentially related claims.
- Year
- 2001
- Type
- Litigation
- Publisher
- West Pub. Co.
- Place
- St. Paul
- Title
- The unsettling of the West: how Indians got the best water rights
- Summary
- Michigan Law Review essay published in May, 2001 reviewing John Shurts' 2000 book, Indian Reserved Water Rights: The Winters Doctrine in its Social and Legal Context, 1880s-1930s.
- Year
- 2001
- Type
- Publications
- Publisher
- University of Michigan, Dept. of Law
- Place
- Ann Arbor, Mich.
- Title
- Beyond Indian law: the Rehnquist court's pursuit of states' rights, color-blind justice and mainstream values
- Summary
- Article published in the December, 2001 issue of the Minnesota Law Review.
- Year
- 2001
- Type
- Publications
- Publisher
- Law School, University of Minnesota
- Place
- Minneapolis, Minn.
- Title
- "Bypass flows" on national forest lands : joint oversight hearing before the Subcommittee on Forests and Forest Health and the Subcommittee on Water and Power of the Committee on Resources, U.S. House of Representatives, One Hundred Seventh Congress, first session, May 22, 2001
- Summary
- Oral and written testimony of David H. Getches during this Congressional hearing is contained on p. 38-45
- Year
- 2001
- Type
- Congressional Testimony
- Publisher
- U.S. G.P.O.
- Place
- Washington
- Title
- The metamorphosis of western water policy : have federal laws and local decisions eclipsed the states' role?
- Summary
- This influential article reviews the history of western water law and the "myth" of federal deference to state control, the movement in the 1980s and 1990s to reform the law, and the future of state policy initiatives in an era of growing demand and competition for water.
- Year
- 2001
- Type
- Publications
- Publisher
- Stanford Environmental Law Society
- Place
- Stanford, Calif.
- Title
- Rulings of the U.S. Supreme Court as they affect the powers and authorities of the Indian tribal governments : hearing before the Committee on Indian Affairs, United States Senate, One Hundred Seventh Congress, second session on concerns of recent decisions of the U.S. Supreme Court and the future of Indian tribal governments in America, February 27, 2002, Washington, DC
- Summary
- Hearing before the U.S. Senate Committee on Indian Affairs held on Feb. 27, 2002 regarding "concerns of recent decisions of the U.S. Supreme Court and the future of Indian tribal governments in America" (statement of David Getches, professor, pp. 4-10, 55-85).
- Year
- 2002
- Type
- Publications
- Publisher
- U.S. G.P.O.
- Place
- Washington
- Title
- Message to BLSA: Black Law Students Association: August 16, 2003
- Summary
- Summary by Jane Thompson: The very brief address to the Black Law Students Association in August of 2003 (read to them in absentia) is quite significant because it comes two months after the U.S. Supreme Court's Michigan affirmative action decisions on race and admissions (Gratz and Grutter). David says: "If I were there in person I would lift a toast to the viability of our admissions policy that allows us to look at the whole person, including racial and ethnic background." This issue, of course, is far from settled and appears to be up for grabs again in the Supreme Court (see Fisher v. UT-Austin, on the Court's docket in Fall 2012).
- Year
- 2003
- Type
- Speeches
- Title
- Water management in the United States and the fate of the Colorado River Delta in Mexico
- Summary
- Article published in the Spring, 2003 issue of the United States-Mexico Law Journal.
- Year
- 2003
- Type
- Publications
- Publisher
- University of New Mexico School of Law
- Place
- Albuquerque, N.M.
- Title
- Water wrongs: why can't we get it right the first time?
- Summary
- Article published in the Winter, 2004 issue of Environmental Law.
- Year
- 2004
- Type
- Publications
- Publisher
- Northwestern School of Law
- Place
- Portland, Ore.
- Title
- A tradition of scholarship in natural resources law
- Summary
- Introduction to the Natural Resources Issue of the University of Colorado Law Review, Vol. 75, No. 2 (Winter 2004).
- Year
- 2004
- Type
- Publications
- Publisher
- University of Colorado Law Review
- Place
- Boulder
- Title
- Clifford Calhoun Public Service Award to Charles Wilkinson: April 26, 2004
- Summary
- Summary by Jane Thompson: In this speech, David Getches reflects on the "far-reaching" public service work that Charles Wilkinson has done, which most people in the law school don't know about. The deep mutual admiration of David and Charles is also apparent. This award came on the heels of Charles' receipt of the University of Colorado's Hazel Barnes Award, and it was concurrent with Charles' receipt of the University of Oregon's Distinguished Service Award.
- Year
- 2004
- Type
- Speeches