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Indigenous, Indian, and Aboriginal Law

Washington Law Review

1971

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Full-Text Articles in Law

Too Little Land, Too Many Heirs—The Indian Heirship Land Problem, Ethel J. Williams Jul 1971

Too Little Land, Too Many Heirs—The Indian Heirship Land Problem, Ethel J. Williams

Washington Law Review

The poverty of the American Indian has been intensified by a number of long-established federal land policies which have resulted in the progressive fractionation of land ownership so that much Indian land cannot be used effectively. This comment describes the origins and present dimensions of the Indian land heirship problem and the existing laws concerning the devolution of Indian land, and concludes with an analysis of the various statutory solutions which have been proposed to alleviate the problem.


Indians—Criminal Procedure: Habeas Corpus As An Enforcement Procedure Under The Indian Civil Rights Act Of 1968, 25 U.S.C. §§ 1302-1303, Anon May 1971

Indians—Criminal Procedure: Habeas Corpus As An Enforcement Procedure Under The Indian Civil Rights Act Of 1968, 25 U.S.C. §§ 1302-1303, Anon

Washington Law Review

The Indian Civil Rights Act, Title II of the Civil Rights Act of 1968, extended portions of the Bill of Rights to individual Indians as against their tribal governments and provided federal habeas corpus relief to review alleged violations of these rights. The Indian Bill of Rights marked the culmination of a complete reversal in federal recognition of Indian constitutional rights. Until 1965 federal courts had recognized Indian tribes as quasi-sovereign entities. Individual Indians were guaranteed their constitutional rights in relations with federal and state governments, but not with their tribal governments. The only rights Indian governments recognized when dealing …