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Borrowing instead of taking: how the seemingly opposite threads of Indian treaty rights and property rights activism could intertwine to restore salmon to the rivers.
June 22, 1998...
This Article examines the nature of the right to fish that Indian tribes
reserved in treaties with the United States Government, concluding that the
exercise of the treaty right to fish is a compensable Fifth Amendment
property...
Not in my backyard PASH v. HPC: The clash between native Hawaiian gathering rights and western concepts of property in Hawaii.(Public Access Shoreline Hawaii, Hawai'i County Planning Commission)
June 22, 1998...
Western property law in Hawaii exists in an uneasy truce with the original
native gathering practices that existed before the arrival of Europeans.
The Author traces the development of Hawaiian law, from the early cases
that...