Matthew L.M. Fletcher | March 22, 2023 | American Indian Law, Property
This article was originally published on SCOTUSblog.com on March 21, 2023. What water the United States owes the Navajo Nation under the 1868 Treaty of Bosque Redondo formed the crux of the argument in Arizona v. Navajo Nation. The treaty, known by the Navajo people...
Luis Inaraja Vera | March 20, 2023 | Property
Below is the abstract for “Takings Property and Appropriative Water Rights,” available for download on SSRN. The Takings Clause of the Fifth Amendment to the United States Constitution provides that “private property [shall not] be taken for public use, without just...
Reed D. Benson | November 16, 2022 | Property
Below is the abstract for “Public Ownership, Public Rights: Recreational Stream Access Decisions in the Mountain West,” available for download on SSRN. Stream access disputes involve a clash of public and private rights. Boaters and anglers often view streams as...
Jennifer Morinigo | December 7, 2017 | American Indian Law
The U.S Supreme Court denied a petition to hear a case involving whether, when, and to what extent the federal reserved right doctrine recognized in Winters v. United States pre-empts state-law regulation of groundwater. The Ninth Circuit Court of Appeals affirmed the...
