By Stephen L. Pevar
ISBN-10: 0809317680
ISBN-13: 9780809317684
This informative advisor completely discusses the criminal powers of Indian tribes; civil and felony jurisdiction on Indian reservations; Indian searching, fishing, and water rights; taxation in Indian nation; the Indian Civil Rights Act; the Indian baby Welfare Act; and tribal jurisdiction over non-Indians.
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Extra info for The rights of Indians and tribes: the basic ACLU guide to Indian and tribal rights
Example text
D. "Indian Title" What is "Indian title"? 46 Soon after the United States gained its independence from European control, the Supreme Court had to determine who owned the land still occupied by the Indians: the Indians or the United States government. The Court decided this question in Johnson v. 47 The specific issue in that case was whether a non-Indian who purchased land from an Indian tribe had obtained a valid title. Obviously, the purchaser could acquire only that interest which the tribe could legally sell.
Ct. 3190 (1989). But see Oneida Indian Nation of New York v. 2d 1145 (2d Cir. 1988), cert. Ct. ) 58. Tee-Hit-Ton, note 48 above; Shoshone Tribe of Indians v. S. 476 (1937). However, once the tribe has been paid, Indian title is extinguished. United States v. 2d 1189, 1194 (9th Cir. 1989). 59. Shoshone Tribe, note 58 above. See also Santa Fe, note 48 above. 60. S. at 289. See also Inupiat Community of the Arctic Slope v. 2d 122 (Ct. Cl. 1982), cert. S. 969 (1982). 61. , F. Cohen, The Legal Conscience (1958), pp.
Annual Report, Commissioner of Indian Affairs, 1934, p. 90. 23. 48 Stat. C. Secs. 461 et seq. 24. R. Rep. No. , p. 6 (1934). C. Sec. 450. 25. Termination is discussed in detail in ch. 5, sec. B. See also Tyler, note 5 above, pp. 16881. 26. 67 Stat. C. Sec. C. Sec. 1360. L. 280 is discussed at length in ch. 7. Page 11 27. Presidential Documents, Weekly Compilation of, 1968, vol. IV, no. 10 (Washington, DC: Government Printing Office). 28. Message from the President of the United States, 1970, ''Recommendations for Indian Policy" (Washington, DC: Government Printing Office).
The rights of Indians and tribes: the basic ACLU guide to Indian and tribal rights by Stephen L. Pevar
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