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John Marshall And Indian Land Rights: A Historical Rejoinder To The Claim Of "Universal Recognition" Of The Doctrine Of Discovery, Blake A. Watson
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 …
Indian Gambling In Ohio: What Are The Odds?, Blake A. Watson
Indian Gambling In Ohio: What Are The Odds?, Blake A. Watson
Blake A Watson
This article explores the options available under the Indian Gaming Regulatory Act to Indian groups and tribes seeking to establish gambing establishments in Ohio. Although the focus is on Ohio, the analysis would apply to any effort to establish "off-resevation" gaming facilities under the IGRA.