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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 …