Ad
related to: aboriginal titles in the us history year by season 1 2study.com has been visited by 100K+ users in the past month
Search results
Results From The WOW.Com Content Network
The test for the acknowledgement of aboriginal title in the United States is actual, exclusive and continuous use and occupancy for a "long time". [12] Unlike nearly all common law jurisdictions, the United States acknowledges that aboriginal title may be acquired post-sovereignty; a "long time" can mean as little as 30 years. [13]
In several instances, these settlements ended live claims of aboriginal title in the United States. The first two—the Rhode Island Claims Settlement Act and the Maine Indian Claims Settlement Act—extinguished all aboriginal title in Rhode Island and Maine, respectively, following initial court rulings in the tribes' favor.
Oneida Indian Nation of New York v. County of Oneida, 414 U.S. 661 (1974), is a landmark decision by the United States Supreme Court concerning aboriginal title in the United States. The original suit in this matter was the first modern-day Native American land claim litigated in the federal court system rather than before the Indian Claims ...
United States and Native American treaties (4 C, 117 P) Pages in category "Aboriginal title in the United States" The following 68 pages are in this category, out of 68 total.
Howard R. Berman, The Concept of Aboriginal Rights in the Early Legal History of the United States, 27 Buff. L. Rev. 637 (1978). Charles E. Eisinger, The Puritans' Justification for Taking the Land, 84 Essex Inst. Hist. Collections 131 (1948). Warner F. Gookin, Indian Deeds on the Vinyard, 13 Mass. Archeological Soc. Bull. 6 (1952).
Aboriginal title is also referred to as indigenous title, native title (in Australia), original Indian title (in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights , influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to ...
United States, 348 U.S. 272 (1955), was a United States Supreme Court case in which the court held that a Tribal nation's right of occupancy (or "aboriginal title") may be eliminated by the United States without any compensation. [1] [2] Breaking with earlier cases, the court said the Natives' right of occupancy was lesser than a vested ...
The court reviewed its recent aboriginal title decisions, and reiterated its statement in Oneida I that the Act merely "put in statutory form what was or came to be the accepted rule." [20] Statute of limitations Justice Lewis F. Powell, Jr. sustained the Oneida's federal common law cause of action and rejected all of the counties' affirmative ...