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Articles 1 - 7 of 7
Full-Text Articles in Law
Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake A. Watson
Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake A. Watson
Blake A Watson
No abstract provided.
The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson
The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson
Blake A Watson
In Johnson v. McIntosh, Chief Justice John Marshall proclaimed that European discovery of America Agave exclusive title to those who made it;@ and diminished the power of Indians Ato dispose of the soil at their own will ….@ 21 U.S. 543, 574 (1823). Marshall presented a revised version of the discovery doctrine in Worcester v. Georgia, 31 U.S. 515 (1832), yet it is Johnson that remains the leading decision on native property rights in the United States. The Johnson discovery rule has not only diminished native rights in the United States, but has also influenced the definition of indigenous land …
The Doctrine Of Discovery And The Elusive Definition Of Indian Title, Blake A. Watson
The Doctrine Of Discovery And The Elusive Definition Of Indian Title, Blake A. Watson
Blake A Watson
This article contends that, pursuant to the discovery doctrine developed and adopted by the U.S. Supreme Court, Indian tribes retained possession of their lands after European encounter, but no longer owned their land and no longer held unlimited disposition rights. This "limited possessor" definition of Indian title is particularly difficult to justify in view of contemporary norms of international indigenous rights, and should be rejected along with the doctrine of discovery.
The Thrust And Parry Of Federal Indian Law, Blake A. Watson
The Thrust And Parry Of Federal Indian Law, Blake A. Watson
Blake A Watson
This article sets forth and critiques contradictory pronouncements by the Supreme Court in the field of federal Indian law. The failure to acknowledge such conflicting statements has led to doctrinal incoherence and a tendency toward judicial subjectivism, which in turn threatens to undermine foundational principles of tribal political status and tribal governmental authority. The appendix to the article lists all Supreme Court cases involving Indian law issues from 1800 to 1998.
The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake A. Watson
Blake A Watson
The Article discusses the tribal exhaustion/abstention doctrine set forth in National Farmers Union Ins. Companies v. Crow Tribe, 471 U.S. 845 (1985) and Iowa Mutual Ins. Co. v. LaPlante, 480 U.S. 9 (1987).
Liberal Construction Of Cercla Under The Remedial Purpose Canon, Blake A. Watson
Liberal Construction Of Cercla Under The Remedial Purpose Canon, Blake A. Watson
Blake A Watson
This article examines the use of the remedial purpose canon of statutory construction in connection with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), otherwise known as the Superfund Act. The article also assesses scholarly criticisms of the remedial purpose canon.
State Acquisition Of Interests In Indian Land: An Overview, Blake A. Watson
State Acquisition Of Interests In Indian Land: An Overview, Blake A. Watson
Blake A Watson
This article examines the origin, nature, and extent of power of states to condemn Indian land.