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Indigenous, Indian, and Aboriginal Law

1972

Indian tribes

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Tribal Self-Government And The Indian Reorganization Act Of 1934, Michigan Law Review Apr 1972

Tribal Self-Government And The Indian Reorganization Act Of 1934, Michigan Law Review

Michigan Law Review

The Indian Reorganization (Wheeler-Howard) Act of 1934 (IRA) was, by all accounts, one of the most significant single pieces of legislation directly affecting Indians ever enacted by the Congress of the United States. It has been "equalled in scope and significance only by the legislation of June 30, 1834, and the General Allotment Act of February 8, 1887." A major reversal of governmental policy and approach toward Indian affairs was effectuated by the IRA. This Comment will be concerned with the IRA as it affected the concept of tribal self-government, and primarily with those sections providing for adoption of tribal …


The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson Mar 1972

The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson

Articles

Pacific Northwest Indian tribes signed treaties with the United States in the mid-1850's which guaranteed them the permanent right to fish at their usual and accustomed fishing sites off the reservations. The Indians believe these treaties mean that those states which did not exist in 1855 have no power to regulate Indian off-reservation fishing under any circumstances. State officials, on the other hand, have consistently argued that Indian off-reservation fishing is subject to the same state regulation as non-Indian fishing. The United States Supreme Court has basically accepted the states' position, holding that states can regulate off-reservation fishing when "necessary …