Cayuga v. Pataki
Law

Excerpt:   “We understand Sherrill to hold that equitable doctrines, such as laches, acquiescence, and impossibility, can in appropriate circumstances, be applied to Indian land claims, even when such a claim is legally viable and with in the statute of limitations. . . . One of the few incontestable propositions about this unusually complex and…

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Fletcher v. Peck, 10 US 87 (1810)
Law

Excerpts: “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 is overrun by them, rather than inhabited.  It is not a true and legal possession.  It is a right not to be…

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Haudenosaunee Host Doctrine of Discovery Gathering

“I think it’s something that people don’t really understand,” observes Betty Lyons, President and Director of the American Indian Law Alliance. “They go about their daily lives and they do things and they don’t understand why they’re doing them and how much the Doctrine has affected everyone everywhere.” … “Really what we’re doing is bringing…

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RNS article about the conference

The way [Steven T.] Newcomb describes the Doctrine of Discovery these days is “a claim of a right of Christian domination.” It was first expressed by Pope Nicholas V in the 1452 papal bull “Dum Diversas,” which — along with subsequent bulls “Romanus Pontifex” and “Inter Caetera” — created a theological justification for Christian rulers…

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“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? Conference Date: August 18-19, 2018 Place: Skä·noñh—Great Law of Peace Center, Onondaga Nation Territory (Liverpool, NY). Panelists: Joseph J. Heath, Peter D’Errico and Steven T. Newcomb. Moderated by Betty Lyons. Listed by Author d’Errico, Peter. “Replacing the Doctrine of Christian Discovery…

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The Biblical Basis of federal Indian law & policy

From Steve Newcomb: 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 tradition is premised on the idea of a “chosen people” who have a covenant (treaty) with their deity to take over and colonize certain lands that the…

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Resources by Peter d’Errico

“Replacing the Doctrine of Christian Discovery and Implementing the United Nations Declaration on the Rights of Indigenous Peoples.”   “Indigenous Lèse-majesté: Questioning U.S. Federal Indian Law” PDF for Download “Seeing through the chimera of U.S. federal Indian ‘trust’ law” PDF for Download. For more articles by Peter d’Errico view his profile on academia.edu 

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