Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh
Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh
US Government Documents related to Indigenous Nations
This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect by …
Bruce Lien Co. V. Three Affiliated Tribes, District Court Of North Dakota, Andrew W. Bogue
Bruce Lien Co. V. Three Affiliated Tribes, District Court Of North Dakota, Andrew W. Bogue
US Government Documents related to Indigenous Nations
This court case, decided on August 28, 1996, presented the problem of tribal council authority to enter the tribe into binding contracts. The disputing parties in this case entered a contract for co-operation of casino activities at Four Bears Motor Lodge while Wilbur Wilkinson was part of the Tribal Council. When the council changed leadership, the validity of the contract between Bruce Lien Co. and the Three Affiliated Tribes was challenged by the new leadership who alleged that Wilkinson did not have the authority to bind the Three Affiliated Tribes to the contract. Bruce Lien Co. felt they were entitled …
Three Affiliated Tribes V. Wold Engineering (1986), United States Supreme Court, Sandra Day O'Connor
Three Affiliated Tribes V. Wold Engineering (1986), United States Supreme Court, Sandra Day O'Connor
US Government Documents related to Indigenous Nations
Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The ND Supreme Court held that the tribes would have to give up tribal sovereignty if they wanted to try …
Three Affiliated Tribes V. Wold Engineering (1984), United States Supreme Court, Harry Blackmun
Three Affiliated Tribes V. Wold Engineering (1984), United States Supreme Court, Harry Blackmun
US Government Documents related to Indigenous Nations
Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The North Dakota courts held that the tribes would have to give up tribal sovereignty if they wanted to try …
Authorizing The Assiniboine Tribe To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate
Authorizing The Assiniboine Tribe To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate
US Government Documents related to Indigenous Nations
This report from the United States (US) Select Committee on Indian Affairs and the Committee on the Judiciary, dated June 25, 1980 was written to accompany US Senate Bill 1796 which authorized the Assiniboine tribe to seek damages for US constitutional violations and the delay of payment for taken lands. This report includes recommendations from the US assistant attorney general and proposed amendments for the bill. US Senate Bill 1796 became US Public Law 96-434 on October 10, 1980.
Authorizing The Blackfeet And Gros Ventre Tribes To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate
Authorizing The Blackfeet And Gros Ventre Tribes To File In The U.S. Court Of Claims Any Claims Against The United States For Damages For Delay In Payment Of Lands Claimed To Be Taken In Violation Of The U.S. Constitution, And For Other Purposes, United States Congress, Us Senate
US Government Documents related to Indigenous Nations
This report from the United States (US) Senate Select Committee on Indian Affairs and the Committee on the Judiciary, dated June 25, 1980 was written to accompany US Senate Bill 1795 which authorized the Blackfeet and Gros Ventre tribes to seek damages for US Constitutional violations and the delay of payment for taken lands. This report recommends an amendment to the language of US Senate Bill 1795. US Senate Bill 1795 became US Public Law 96-405 on October, 9, 1980.
United States Indian Claims Commission Final Report, United States Indian Claims Commission
United States Indian Claims Commission Final Report, United States Indian Claims Commission
US Government Documents related to Indigenous Nations
This document, dated September 30, 1978, is the final report of the United States (US) Indian Claims Commission which operated from 1946 to 1978. The Claims Commission served as an intermediary between Indigenous people in the United States and the US Court of Claims to help process the volume of claims filed against the United States. Following the “Indian Citizenship Act” (An Act to Authorize the Secretary of the Interior to Issue Certificates of Citizenship to Indians) in 1924, an increasing number of Indigenous people were filing suit with the Court of Claims over treaty violations and other grievances about …
Bryan V. Itasca County, Us Supreme Court, William J. Brennan
Bryan V. Itasca County, Us Supreme Court, William J. Brennan
US Government Documents related to Indigenous Nations
This United States (US) Supreme Court case, decided June 14, 1976, provided clarity on the jurisdiction granted by US Public Law 280 in regard to taxation of the personal property of reservation Indians. In 1972, petitioner Russell Bryan, enrolled member of the Minnesota Chippewa Tribe residing on the Leech Lake Reservation in Minnesota, received a notice of taxation on his home from Itasca County, Minnesota. Bryan filed suit to Minnesota district court which ruled in favor of Itasca County. Although US Public Law 280 does not specifically address taxation, the district court based its decision on US Public Law 280, …
Omnibus Judgeship Bill, United States Congress, Us House Of Representatives
Omnibus Judgeship Bill, United States Congress, Us House Of Representatives
US Government Documents related to Indigenous Nations
This excerpt from a report dated July 28, 1953, from the United States (US) House Committee on the Judiciary was written to accompany US Senate Bill 15 which provides for the appointment of additional circuit and district judges. The bill approves the addition of one temporary district judge in North Dakota's northern district to assist with an increased caseload. The report indicates that the increase case load is due in part to an increase in land condemnation cases due to the Garrison Dam project. US Senate Bill 15 also provides for the appointment of one additional fifth circuit judge and …
An Act To Create An Indian Claims Commission, To Provide For The Powers, Duties, And Functions Thereof, And For Other Purposes, United States Congress
An Act To Create An Indian Claims Commission, To Provide For The Powers, Duties, And Functions Thereof, And For Other Purposes, United States Congress
US Government Documents related to Indigenous Nations
This United States (US) Public Law, also known as US Public Law 79-726, passed on August 13, 1946 to establish the Indian Claims Commission. The Claims Commission, which operated from 1946 to 1978, served as an intermediary between Indigenous people in the United States and the US Court of Claims to help process the volume of claims filed against the United States for treaty violations and other grievances related to the conduct of the US government.