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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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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TEE-HIT-TON
Law

Excerpt: “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 millions of acres by treaty in return for blankets, food and trinkets, it was not a sale but the conquerors’ will that deprived them of their land.”  (…

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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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“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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Sherrill v. Oneida Opinion of the Court

Ginsburg Opinion Opinion of the Court NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports.Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made…

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