Case Law On American Indians

An update on American Indian case law from September 2021-October 2022

Dewatering Trust Responsibility: The New Klamath River Hydroelectric and Restoration Agreements

In order to protect Indian property rights to water and fish that Indians rely on for subsistence and moderate income, the Interior Department Solicitor has construed federal statutes and case law to conclude that the Department must restrict irrigation in the Klamath River Basin of Oregon and Northern California. Draft legislation, prescribed by the February 18, 2010 Klamath River Hydroelectric Agreement and the Klamath Basin Restoration Agreement, would release the United States from its trust duty to protect the rights of Indian tribes in the Klamath River Basin. The agreements will also prolong the Clean Water Act Section 401 application process to prevent the Federal Energy Regulatory Commission from issuing a properly-conditioned license for dams in the Klamath River that will protect the passage of vital fish populations. This article argues that the agreements prioritize the water rights of non-Indian irrigation districts and utility customers over first-in-time Indian water and fishing rights

Beats of the Magnetocapacitance Oscillations in Lateral Semiconductor Superlattices

We present calculations on the magnetocapacitance of the two-dimensional electron gas in a lateral semiconductor superlattice under two-dimensional weak periodic potential modulation in the presence of a perpendicular magnetic field. Adopting a Gaussian broadening of magnetic-field-dependent width in the density of states, we present explicit and simple expressions for the magnetocapacitance, valid for the relevant weak magnetic fields and modulation strengths. As the modulation strength in both directions increase, beats of the magnetocapacitance oscillations are observed, in the low magnetic field range (Weiss-oscillations regime), which are absent in the one-dimensional weak modulation case.Comment: 11 pages, 7 figures, accepted by Mod. Phys. Lett. B (March 2007

Quantum computing with spatially delocalized qubits

We analyze the operation of quantum gates for neutral atoms with qubits that are delocalized in space, i.e., the computational basis states are defined by the presence of a neutral atom in the ground state of one out of two trapping potentials. The implementation of single qubit gates as well as a controlled phase gate between two qubits is discussed and explicit calculations are presented for rubidium atoms in optical microtraps. Furthermore, we show how multi-qubit highly entangled states can be created in this scheme.Comment: 4 pages, 4 figure