Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Specific Relief For Ancient Deprivations Of Property, Shelby D. Green
Specific Relief For Ancient Deprivations Of Property, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
I consider in this paper the extent to which courts rationally and on a principled basis can deny to aboriginal claimants, despite the ancientness of their claims, the specific relief of being restored to possession of their aboriginal lands where the case for such specific relief is otherwise made. The paper begins with a brief discussion of the foundations of property in the Western conception, then goes on to discuss the Europeans' asserted title to indigenous lands and the various theories of aboriginal title that have emerged. It then explores the past and existing legal obstacles to the judicial resolution …
Comment, United States V. Mitchell, Gail F. Whittemore
Comment, United States V. Mitchell, Gail F. Whittemore
Elisabeth Haub School of Law Faculty Publications
Prior to 1946, in order for tribal Indians to gain access to courts for consideration of claims arising out of treaties between Indians and the United States, a special act of Congress was required in each case conferring jurisdiction on the court of claims to hear a tribe's grievance. Long delays, expense, and in many cases denial of access to court for Indians resulted. Seeking to remedy the situation, in 1946, Congress enacted the Indian Claims Commission Act. Under the Act, an Indian Claims Commission was given extremely broad jurisdiction to adjudicate the many outstanding Indian claims, including those "based …