Publications
Pages
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Title
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Foreword: the challenge of Rio
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Summary
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Article is the Foreword to the Winter, 1993 issue of the Colorado Journal of International Environmental Law and Policy.
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Year
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1993
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Type
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Publications
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Publisher
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University Press of Colorado for The Colorado Journal of International Environmental Law
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Place
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Niwot, CO
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Title
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Water rights on Indian allotments
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Summary
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"This article attempts to define those water rights by examining the allotment policy and legislation in light of the reserved water rights doctrine. The author concludes that no reserved rights may be held by individuals, but that during the period of trust some of those rights may be used by allottees."
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Year
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1981
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Type
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Publications
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Publisher
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University of South Dakota School of Law
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Place
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Vermillion
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Title
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Conquering the cultural frontier : the new subjectivism of the Supreme Court in Indian law
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Summary
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This is Getches' most-cited article on Indian law. In it he asserts that "the [Supreme] Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what the Indian jurisdictional situation ought to be. This new subjectivist approach...severs tribal sovereignty from its historical moorings, leaving lower courts without principled, comprehensible guidance."
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Year
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1996
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Type
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Publications
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Publisher
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California Law Review
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Place
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Berkeley, Calif.
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Title
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The unsettling of the West: how Indians got the best water rights
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Summary
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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.
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Year
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2001
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Type
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Publications
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Publisher
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University of Michigan, Dept. of Law
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Place
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Ann Arbor, Mich.
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Title
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Competing demands for the Colorado River
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Summary
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Article published in the Spring, 1985 issue of the University of Colorado Law Review.
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Year
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1985
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Type
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Publications
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Publisher
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University of Colorado Law Review
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Place
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Boulder
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Title
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Dedication to Professor Ralph W. Johnson
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Summary
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Dedication to University of Washington law professor Ralph W. Johnson published in the October, 1997 issue of the Washington Law Review.
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Year
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1997
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Type
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Publications
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Publisher
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School of Law, University of Washington
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Place
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Seattle
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Title
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Changing the river's course: western water policy reform
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Summary
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"Professor Getches concludes that traditional instruments of water policy in the West--the beneficial use requirement of the prior appropriation doctrine, the water projects that harnessed the river in the first place, and the historically unfulfilled ideal of watershed management--can be reformed and redirected to address many of the problems the river has suffered."
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Year
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1996
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Type
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Publications
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Publisher
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Northwestern School of Law
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Place
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Portland, Ore.
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Title
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Indigenous peoples' rights to water under international norms
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Summary
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In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, the author focuses on the potential for asserting claims under international law, the primary source of protection where domestic law is lacking or non-existent. In a thorough assessment of the sources of law and types of water rights claims that can be made under international law, the author identifies six types of rights that exemplify ways in which claims can be framed and the various international law instruments and norms that can serve as the basis for those claims. However, because these claims are large and complex in nature, the assistance of lawyers and experts in international law is vital to efforts to advance the development of international law as an instrument for protecting indigenous water rights.
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Year
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2005
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Type
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Publications
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Publisher
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University Press of Colorado for The Colorado Journal of International Environmental Law
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Place
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Niwot, CO
Pages