U.S. v. KING MOUNTAIN TOBACCO CO., INC. DECISION 9th Circuit, August 13, 2018
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 9th Ci...
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Law Articles
City of Sherrill v. Oneida Indian Nation of New York
Ruth Bader Ginsburg on the Doctrine of Discovery.
Acknowledging the Doctrine of Christian Domination
Since the doctrine of discovery has been institutionalized in U.S. Indian law and policy for generations, including by the U.S. Supreme Court, the question a...
The Doctrine Of Christian Discovery: Its Fundamental Importance In United States Indian Law And The Need For its Repudiation And Removal
The doctrine of discovery has continued to be the cornerstone of United States Indian law. A series of recent, disturbing decisions by the Supreme Court and ...
The Good, The Bad & The Ugly In Mcgirt V. Oklahoma
As promising as this decision is, deeply racist problems remain in US law.Left unsaid by Gorsuch was his, and the court’s, unquestioned acceptance of “plenar...
Mother Earth‘s Pandemic Resources
Resources mentioned durined the sessions.
Onondaga Nation Land Rights Complaint
The Onondaga People wish to bring about a healing between themselves and all others who live in this region that has been the homeland of the Onondaga Nation...
White v. Univ. of Cal.
Aboriginal interest in land generally is described as a tribe’s right to occupy the land.
Onondaga Nation v. NY
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 speci...
Oneida Indian Nation v. County of Oneida
We have used the term “laches” here, as did the district court and this Court in Cayuga, as a convenient shorthand for the equitable principles at stake in t...
Ottawa v. Logan
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 moles...
Cayuga v. Pataki
We understand Sherrill to hold that equitable doctrines, such as laches, acquiescence, and impossibility, can in appropriate circumstances, be applied to Ind...
TEE-HIT-TON
Every America schoolboy knows that the savage tribes of this continent were deprived of their ancestral ranges by force and that, even when the Indians ceded...
Fletcher v. Peck, 10 US 87 (1810)
What is Indian title? It is a mere occupancy for the purpose of hunting. It is not like our tenures, they have no idea of a title to the soil itself. It i...
‘United States Indian Law’ Panel
Resources from the ‘United States Indian Law Panel’ at the Taking on the Doctrine of Discovery, What are our Next Steps?
The Biblical Basis of Federal Indian Law Policy
As bizarre as it may seem, today’s federal definitions of Indian title and Indian nationhood find their basis in the Old Testament covenant tradition. This t...
Native American Law in the Modern Era
Albany Government Law Review Volume 10 Issues 1&2 2016-2017
The Ten Legal Dimensions of the Doctrine of Discovery: The International Law of Colonialism
Here are the 10 elements that I think constitute the Doctrine and are useful in analyzing and comparing how settler-colonizer societies have used this intern...
Statement on the Historical Use of the Doctrine of Christian Discovery by the United States Supreme Court Since 1823
The purpose of this paper is to review the history of the use of the Doctrine of Christian Discovery in United States Supreme Court decisions since 1823. It ...
Monroe Doctrine
Excerpts from President James Monroe’s seventh annual message to Congress, December 2, 1823.
Roosevelt Corollary
Roosevelt asserted that European nations should not intervene in countries to the south of the US, however under certain conditions, United States interventi...
Patent Granted by Henry VII to John Cabot
By this public document, Henry VII indicated his official, royal support for Cabot’s enterprise.
Treaty of Tordesillas
The Treaty of Tordesillas was concluded on June 7 1494 to settle the contentious matter of the possession of the newly discovered lands of the non Christian ...
Preliminary study of the impact on indigenous peoples of the international legal construct known as the Doctrine of Discovery
Preliminary study of the impact on indigenous peoples of the international legal construct known as the Doctrine of Discovery / submitted by the Special Rapp...
Johnson v. M’Intosh
The Indians were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to...