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Locke’S “Wild Indian” In United States Supreme Court Jurisprudence, Anthony W. Hobert Phd
Locke’S “Wild Indian” In United States Supreme Court Jurisprudence, Anthony W. Hobert Phd
American Indian Law Journal
This article explores the impact of John Locke’s Two Treatises on United States Indigenous property rights jurisprudence. After discussing Locke’s arguments, the article turns to the rationales of the first and last cases of the Marshall Trilogy—Johnson v. McIntosh (1823) and Worcester v. Georgia (1832)—arguing that, contrary to prevailing political theory, Marshall’s opinion for the Court in Johnson puts forth a fundamentally Lockean justification for the dispossession of Indigenous property. This article also provides a brief analysis of Marshall’s explicit Vattelian rationale in Worcester, commentary on recent developments regarding the precedents, and recommendations for reconciling them within contemporary …
I See You - A Story From The Haudenosaunee, Simone Anter J.D.
I See You - A Story From The Haudenosaunee, Simone Anter J.D.
American Indian Law Journal
A young Apache woman sits on a bench outside of her university classroom; next to her is a stack of law books. She has just come from the first day of her first-year property class, where the professor lectured about the origins of property law devoid of any mention of Native people. As she sits she notices an individual walking along the sidewalk, towards her. This person wears a baseball hat with the Washington Redskins’ logo embellished on the front, a grotesque caricature of an “Indian.” The person’s attire includes a T-shirt featuring a skull wearing a feathered headdress, probably …