International Law

• The Doctrine of Discovery: The International Law of Colonialism

US Law

• • Fletcher v. Peck, 10 US 87 (1810)
  • Johnson v. McIntosh, March 10, 1823
  • The Monroe Doctrine, December 2, 1823
  • The Roosevelt Corollary to the Monroe Doctrine, December 6, 1904
  • Tee-Hit-Ton v. The United States. US, 348 US 272 (1955)
  • City of Sherrill, New York v. Oneida Indian Nation, Decided March 29, 2005

    • Ruth Bader Ginsburg:

      Under the “doctrine of discovery,” …“fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign–first the discovering European nation and later the original States and the United States.”

  • Cayuga Indian Nation v. Pataki,413 F. 3d 266, (2nd Cir. June 28, 2005)
  • Ottawa Tribe of Oklahoma v. Logan, 577 F. 3d 634, (6th Cir., 2009)
  • Oneida Indian Nation v. County of Oneida, 617 F. 3d 114, August 9, 2010
  • Onondaga Nation v. NY, 500 Fed. Appx. 87(Argued October 12, 2012, decided October 19, 2012)
  • White v. University of California, 765 F. 3d 1010,(9th Cir., 2014)
  • U.S. v. KING MOUNTAIN TOBACCO CO., INC. DECISION 9th Circuit, August 13, 2018

Related Materials

• Statement on the Historical Use of the Doctrine of Christian Discovery by the United States Supreme Court Since 1823. By Joseph J. Heath, Esq. Onondaga Nation General Counsel.
• Native American Law in the Modern Era in the Albany Government Law Review vol. 10 is. 1&2 2016-17
• 2018 Panel on “United States Indian Law.”