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Articles 31 - 46 of 46
Full-Text Articles in Entire DC Network
Possession And Title To Land In English Law, Kent Mcneil
Possession And Title To Land In English Law, Kent Mcneil
Articles & Book Chapters
The common law relating to land relies heavily on possession as a source of title and proprietary rights. Even a trespasser who wrongfully takes possession of land acquires a title to it that is good against anyone who cannot prove he or she has a better title. This is due in part to the rule that title is presumed from possession, but in addition it relies upon the incapacity of an outside claimant to rely on a jus tertii. In other words, the claimant is barred from pointing to a third party’s title under which he or she does not …
The Crown’S Title To Lands In England, Kent Mcneil
The Crown’S Title To Lands In England, Kent Mcneil
Articles & Book Chapters
A fundamental principle of the common law, stemming from the doctrine of tenures, provides that the Crown has the underlying or radical title to all land within its common law dominions. Private persons and corporations do not “own” land; instead, they hold estates in land that are presumed to be derived from Crown grants. This common law edifice is built on the legal fiction that the Crown once possessed and therefore owned all the lands in England. As this is known to be a fiction, all it does is give the Crown its underlying title and thus a right to …
A Critical Look At Wyoming Water Law, Mark Squillace
A Critical Look At Wyoming Water Law, Mark Squillace
Publications
No abstract provided.
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
Faculty Works
In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …
Cry, Sacred Ground: Big Mountain, U.S.A., Anita Parlow
Cry, Sacred Ground: Big Mountain, U.S.A., Anita Parlow
American Indian Law Review
No abstract provided.
Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend
Congressional Abrogation Of Indian Treaties: Reevaluation And Reform, Michael Townsend
Articles
The treaties between the United States and the Indians constitute a critical recognition and guarantee of Indian rights. They envision a "measured separatism"' for an important minority that is determined to maintain a distinct cultural and political identity.' Non-treaty rights are fragile: The Supreme Court has held that Indians are not citizens within the meaning of the Fourteenth Amendment,' and that Congress has "plenary power" over Indian affairs by virtue of its guardianship over their interests. Moreover, the United States has ended the formal negotiation process with the Indians, and apparently no further treaties will be concluded. Thus, Congress' power …
National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith
National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith
American Indian Law Review
No abstract provided.
Indian Consent To American Government, Richard B. Collins
Indian Consent To American Government, Richard B. Collins
Publications
No abstract provided.
Water Marketing In Wyoming, Mark Squillace
Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson
Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson
Publications
No abstract provided.
The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson
The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson
Publications
No abstract provided.
Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson
Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson
Publications
No abstract provided.
The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson
The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson
Publications
No abstract provided.
Book Review, Charles F. Wilkinson
Towards An/Other Legal Education: Some Critical And Tentative Proposals To Confront The Racism Of Modern Legal Education, Richard F. Devlin Frsc
Towards An/Other Legal Education: Some Critical And Tentative Proposals To Confront The Racism Of Modern Legal Education, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
It seems to me that by drawing on the myth of Prometheus, Harry Arthurs has struck an important chord that we may find will resonate throughout the papers that are to be presented today. Particularly, by emphasizing the idea of being "unbound," President Arthurs has opened up a conversation that is premised upon the connection between law and freedom. I propose to take up and expand that conversation and, hopefully, to give it a significantly different orientation. Specifically, I want to identify and attempt to come to terms with an issue which, I fear, does not engender sufficient concern within …