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Water Knows No Boundaries: Tribal Jurisdiction over Non-Indians\u27 Off-Reservation Conduct that Threatens On-Reservation Tribal Water Resources
No full textThis Article begins by discussing Manoomin and Sauk-Suiattle, orienting the reader to how these complicated jurisdictional issues have been addressed by Tribal courts. Next, this Article sets forth the current framework under Montana and Merrion for determining the extent of Tribal civil jurisdiction over non-Indians. Next, this Article examines the caselaw establishing Tribal Nations’ inherent sovereign authority to exercise civil jurisdiction over non-Indian activities and conduct occurring on-reservation that threaten or affect Tribal water resources and rights. Finally, this Article examines the caselaw that lays the groundwork for extending Tribal Nations’ civil jurisdiction over non-Indian activities and conduct occurring off-reservation that threaten or affect on-reservation Tribal water resources and rights
Treaty Justice: Charles Wilkinson\u27s Homage to the Boldt Decision
No full textCharles Wilkinson, a beloved teacher, author, and advisor, gave his readers perhaps his most personal gift in Treaty Justice: The Northwest Tribes, the Boldt Decision, and the Recognition of Fishing Rights (U. Washington Press, 2024). Wilkinson finished the manuscript just a week before his unexpected death, at age 81, in 2023. The book is a blend of personal memoirs of countless encounters of people involved in the seminal Boldt decision–which revolutionized treaty fishing rights– and its aftermath, and part of legal history by an analyst who was acutely sensitive to the vagaries of both law and history. We are fortunate that he was able to finish this splendid work before the fiftieth anniversary of the historic Boldt decision.
Wilkinson tells the story of the Boldt decision in part through the eyes of his good friend, Billy Frank, Jr., the legendary tribal activist and long-time chair of the Northwest Indian Fisheries Commission. Frank, who died in 2014, was a child of the forced assimilation policies of the early 20th century. In 2013, Frank asked Wilkinson to write a readable and accessible book on the Boldt decision to educate tribal members and non- members alike on the historic significance of the case. Treaty Justice was his “straightforward and non-legalistic” response a decade later: a compassionate explanation of “treaties, constitutional authority, state police power, tribal sovereignty, and the supreme law of the land”
POPULATION DYNAMICS OF WHITE-TAILED DEER IN A MULTI-PREDATOR, MULTI-PREY CONTEXT IN NORTHERN IDAHO
No full textMy dissertation was motivated by a fundamental management question. If a manager wants to increase the population of species A, how will it affect ungulate species B and C, and predator species D and E, and which populations can be managed to support species A’s success? This question is pertinent for both predators and prey, and in northern Idaho, harvest is used to not only manage populations in an ecological sense but also as a service to the public in the form of hunting opportunities. Understanding these interactions will benefit managers in their decision-making process and ensure the long-term stability of these ecological communities.
In Chapter 1, we took a granular approach to understanding the basic ecology of the white-tailed deer population by analyzing white-tailed deer neonates in the context of a 6-predator system. Our objectives were to 1) estimate white-tailed deer neonate survival across northern Idaho, 2) determine the relative contribution of each mortality source, and 3) assess how neonate condition, maternal behavior, human development and predators influence neonate survival.
In Chapter 2, we analyzed white-tailed deer at the population level. We were interested in modeling the circumstances under which mortality rates are sufficiently high to affect population growth in northern Idaho. Our objectives were to build the first age-based population model of white-tailed deer in Idaho by 1) estimating age-specific survival, mortality, and fecundity, 2) measuring the relative sensitivity of the population growth rate to changes in vital rates, and 3) modeling population-level reactions to changes in cause-specific mortality to evaluate the importance of harvest and predator-specific mortalities.
Finally, in Chapter 3 we placed white-tailed deer in the context of multiple ungulate species and estimated the use of ungulates by different prey species. We wanted to know how cause-specific mortality differs among ungulate species and what factors contribute to different predation rates. We also wanted to know how diet composition varies within the predator community, and whether it reflected the predation rates of ungulates. Our objectives were to 1) understand how ungulate predation rates vary according to predator and prey activity; 2) estimate cause-specific mortality of adult and juvenile white-tailed deer, elk, and moose and identify key covariates; 3) build mortality models to understand the seasonal variation in mortality risk and its drivers 4) evaluate the frequency, seasonal variation, and percent contribution of prey to the diet of black bear, mountain lion, wolf, coyote, and bobcat; and 5) compare predator diet composition with ungulate cause-specific mortality rates to characterize predator use of prey
CRACKED DOORS, OPEN QUESTIONS: DOES STATE V. THOMPSON THREATEN MONTANA’S PRIVACY TRADITION?
No full textWilliam E. Farr Interview, February 13, 2025
No full textWilliam E. Farr, a Professor Emeritus of History at the University of Montana, discusses his journey as the first director at the O’Connor Center for the Rocky Mountain West. After explaining how he developed his passion for Medieval and Native American studies, Bill Farr describes the meaning of regionalism, his research on the Blackfeet Reservation, and his roles as Center director and associate director for the Humanities and Culture program. He explains how the O’Connor Center developed its interdisciplinary approach and diverse programing strategy at the old Milwaukee Station Train Depot building. Farr goes on to reflect on challenges that the Center faced including NEH-grant writing, fundraising, and teaching at the University of Montana.https://scholarworks.umt.edu/oconnorcenter_interviews/1001/thumbnail.jp
Dr. Reed Humphrey on higher education, part two
No full textThis week Justin speaks with Dr. Reed Humphrey, who has held almost every academic position at the University of Montana.
In part two of this two-part episode, Justin presses Reed on the tenuous nature of the provost position at UM. Reed talks about the pros of interdisciplinary initiatives and the importance of stability and institutional knowledge in academic leadership roles, as well as the need to balance innovation and tradition in higher education.https://scholarworks.umt.edu/anewangle_podcasts/1403/thumbnail.jp
David Highness Interview, March 17, 2025
No full textDave Highness describes his experience working as an Information Technology Specialist at the O’Connor Center in the mid-1990s. After recounting his upbringing in Missoula, Dave details how his passion for making maps led him to pursue a master’s degree in geography at the University of Montana. He then explains how the Geographic Information System (GIS) opened new job opportunities. Dave recalls how Larry Swanson recruited him and other graduate students to work part-time on the O’Connor Center’s Regional Economic Assessment Database (READ). He explains how Larry Swanson used READ to help local policymakers make informed decisions on their economies. Dave describes his early offices at the O’Connor Center inside Main Hall at the University of Montana and later the old Milwaukee Train Depot. Dave then explains how his previous work experience with the O’Connor Center helped him find employment at the Montana State Library and Trust for Public Land, a national nonprofit organization.https://scholarworks.umt.edu/oconnorcenter_interviews/1003/thumbnail.jp