U.S. v. KING MOUNTAIN TOBACCO
Law

Excerpts and Comments from Joseph J. Heath: FACTS: Tobacco company, owned by a Yakima Nation citizen, makes cigarettes using 54 % tobacco that is grown on allotted nation land, held in trust by US. The 9 th Circuit affirmed the District Court holding that federal excise taxes still applied to these tobacco products. DIRECT QUOTES…

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White v. Univ. of Cal.
Law

Excerpt:   “Aboriginal interest in land generally is described as a tribe’s right to occupy the land.  It is not a property right, but “amounts to a right of occupancy which the sovereign grants and protects against the interests of third parties.”  That right, which is residual in nature, comes from the legal theory that…

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Onondaga Nation v. NY
Law

Excerpt:   “This appeal is decided on the basis of the equitable bar on recovery of ancestral lands in Sherrill, and this Court’s cases of Cayuga and Oneida. Three specific factors determine when ancestral land claims are foreclosed on equitable grounds:  (1) the length of time between an historic injustice and the present day;  (2)…

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Oneida Indian Nation v. County of Oneida
Law

Excerpt:   “We have used the term laches here, as a convenient shorthand for the equitable principles at stake in this case, but the term is somewhat imprecise for the purpose of deciding those principles. . . . The Oneidas assert that the invocation of a purported laches defense is improper here because the defendants…

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Ottawa v. Logan
Law

Excerpt: 1795 Treaty or Greenville & 1805 Treaty of Fort Industry:  “the Indian tribes who have a right to those lands are quietly to enjoy them, hunting, planting and dwelling thereon so long as they please, without any molestation from the United States . . . . “ BUT THEN: “We hold that, because the…

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