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Indigenous, Indian, and Aboriginal Law

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2006

Legal History

Articles 1 - 5 of 5

Full-Text Articles in Law

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendents, S. Alan Ray Aug 2006

A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendents, S. Alan Ray

ExpressO

The Cherokee Nation today faces the challenge of determining its citizenship criteria in the context of race. The article focuses on the Cherokee Freedmen. As former slaves of Cherokee citizens, the Freedmen were adopted into the Cherokee Nation after the Civil War pursuant to a treaty with the United States, and given unqualified rights of citizenship. The incorporation of the Freedmen into the tribe was resisted from the start, and now, faced with a decision of the Cherokee Nation’s highest court affirming the descendents’ citizenship rights, the Nation prepares to vote on a constitutional amendment which would impose an Indian …


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


The Pocahontas Exception: American Indians And Exceptionalism In Virginia’S Racial Integrity Act Of 1924, Kevin Noble Maillard Mar 2006

The Pocahontas Exception: American Indians And Exceptionalism In Virginia’S Racial Integrity Act Of 1924, Kevin Noble Maillard

ExpressO

Most scholarship on Loving v. Virginia (1967) briefly mentions the “Pocahontas Exception,” a subsection of Virginia’s Racial Integrity Act of 1924 which counted persons of limited American Indian ancestry as white. However, few of these works raise the issue outside of a footnote. This article addresses the treatment of Native American ancestry as a curious exception to the threat of racial impurity. Virginia’s antimiscegenation statute sought to eradicate stealth intrusions of tainted blood into the white race, which proponents believed to be threatened “by the quagmire of mongrelization.” Exempted from this racial policing regime were those influential whites, the “First …


John Marshall And Indian Land Rights: A Historical Rejoinder To The Claim Of "Universal Recognition" Of The Doctrine Of Discovery, Blake A. Watson Jan 2006

John Marshall And Indian Land Rights: A Historical Rejoinder To The Claim Of "Universal Recognition" Of The Doctrine Of Discovery, Blake A. Watson

Blake A Watson

Contrary to the statements of John Marshall in Johnson v. McIntosh, 21 U.S. (8 Wheat.) 543 (1823), the native inhabitants of America were considered by many as the absolute and "true" owners of the lands they occupied, and could retain or transfer title to their lands as they saw fit. The founder of Rhode Island, Roger Williams, argued that Europeans could justly occupy lands in America only through purchase from the Indians. Likewise, individuals in New Jersey who based their title on Indian deeds championed native land rights in the eighteenth century. It is evident that Marshall's statement that Indians …