Browsing University of Alaska Anchorage by Author "Garber, Bart Kaloa"
Moment of Truth: The Special Relationship of the Federal Government to Alaska Natives and Their Tribes — Update and Issue AnalysisConn, Stephen; Garber, Bart Kaloa; Haycox, Stephen (Justice Center, University of Alaska Anchorage, 1981-10-19)Beyond considering the present state of the statutory relationship between the federal government and Alaska Natives, this analysis focuses on the power of Congress and the Executive Branch to change the relationship. Absent congressional acts which mandate some level of federal responsibility to Natives, the Executive Branch possesses an independent power over Native affairs which can be exercised to expand, reduce, or deny a special relationship as an enforceable federal obligation. Includes an appendix by Stephen Haycox, "Historical Aspects of the Federal Obligation to Alaska Natives."
State Enforcement of Alaska Native Tribal Law: The Congressional Mandate of the Alaska National Interest Lands Conservation ActConn, Stephen; Garber, Bart Kaloa (Justice Center, University of Alaska Anchorage, 1989-10-27)Law journals, newspapers, and the courts all document Native unrest and dissatisfaction with state management of Native subsistence lifestyles. It is the thesis of this paper that the Alaska National Interest Lands Conservation Act (ANILCA) requires the state to discover and incorporate community-derived tribal law — customs and traditions regarding the taking and gathering of wild, renewable resources — as the applicable minimum federal standard to the extent that conservation of the resource permits.