| Author | Title | Citation | Summary | Year |
| |
Taxation - General Limitations on the Taxing Power - Federal Agency: State Taxation of Income from Leases of Indian Lands |
35 Harvard Law Review 889 (May, 1922) |
By statute Oklahoma taxes the entire net income of every person in the state from whatever source derived, except such as is exempt by some law of the United States or of the state. (1915 Okla. Session Laws, c. 164.) The defendant was an instrumentality used by the United States to carry out its duties to the Indians. Proceedings were instituted... |
1922 |
| Z. C., Jr. |
A Treatise on the Law of Evidence as Administered in England and Ireland; with Illustrations from Scotch, Indian, American, and Other Legal Systems |
34 Harvard Law Review 898 (June, 1921) |
When Mr. Taylor was engaged in his historic controversy with Chief Justice Cockburn over Bedingfield's Case, he was confronted with a passage dead against him from the sixth edition of Roscoe's Criminal Evidence. With a certain glee he replied, Roscoe never wrote one line of the passage on which you rely. It was by an editor of Roscoe, written... |
1921 |
| |
Citizenship-married Women-when Native Nationality Not Lost by Marriage to Alien |
29 Yale Law Journal 128 (November, 1919) |
A French woman married a Turkish subject. By Turkish law she did not acquire Turkish nationality. By French law, a French woman marrying an alien follows the nationality of her husband, unless her marriage does not confer upon her the nationality of her husband, in which case she remains French, Held, that the woman remained French. Kaaki v.... |
1919 |
| |
Taxation - General Limitations on the Taxing Power - Federal Agency: State Taxation of Indian Coal Mines |
28 Harvard Law Review 528 (March, 1915) |
The United States leased the right to operate coal mines on lands in Oklahoma belonging to the Choctaw and the Chickasaw Indians, to the plaintiff, under a compact with the Indians to operate the mines in the interests of the tribes. Oklahoma then levied a gross revenue tax on all coal producers. Held, that the plaintiff is exempt from the tax.... |
1915 |
| S. W. |
The Indian Contract Act |
27 Harvard Law Review 295 (January, 1914) |
It is four years since the second edition of this book appeared, and the changes in the present edition are not numerous. We take pleasure, however, in again commending the book. There is a large amount of valuable comment on the English law of contracts, sales, and agency contained in it, besides the authorities from the Indian Reports. |
1914 |
| |
Contracts - Suit by Third Persons Not Parties to Contract - Promise to Discharge Obligation of Promisee - Indian Law |
27 Harvard Law Review 181 (December, 1913) |
In consideration of the conveyance of property, the defendant promised a debtor to discharge his obligation to a creditor. The creditor brought suit on this promise, joining the original obligor as defendant, and asked a decree against the promisor for the amount of the debt. Held, that the plaintiff is entitled to the relief sought. Dutt v.... |
1913 |
| |
Conflict of Laws - Jurisdiction for Divorce - Indian Divorce |
25 Harvard Law Review 384 (February, 1912) |
A white man married and then abandoned his white wife, the plaintiff, in Illinois. He went to live among the Pottawatomie Tribe of Indians in Indian Territory, by whom he had formerly been adopted. He acquired land there and died. By the tribal law the marriage status of members of the tribe might be terminated at will and abandonment operated as a... |
1912 |
| |
Indians - Right of United States to Sue to Cancel Conveyances Made by Indians Contrary to Statute |
25 Harvard Law Review 740 (June, 1912) |
The United States by its Attorney General brought suit to cancel certain conveyances, made by Indians, of lands allotted to them under a statute which provided that such lands should be inalienable. Held, that the United States has capacity to sue. Heckman v. United States, 32 Sup. Ct. 424. See Notes, p. 733. |
1912 |
| |
Indians and the United States |
25 Harvard Law Review 733 (June, 1912) |
On the discovery of America, the governments of the old world, to regulate among themselves the right of acquisition, adopted the principle that discovery should give title to the government under which it was made against all other European governments. This principle, although vesting title to the soil in the nation which made the discovery, as... |
1912 |
| S. H. E. F. |
The Indian Contract Act |
24 Harvard Law Review 249 (January, 1911) |
It is difficult for an American lawyer to review a work such as this. Sir Frederick Pollock himself undertook the preparation of the Contract Act originally, only on condition that another familiar with the decisions on Indian law should collect and digest the cases. With the merits of the Indian Contract Act we cannot deal within the limits of a... |
1911 |
| |
Indians-actions-jurisdiction of State.-deracon V. Sero, 118 N. W. 839 (Wis.) |
18 Yale Law Journal 366 (March, 1909) |
Held, the laws of the state for the peace and good order of people within its boundaries extend over. Indian reservations, and apply to infractions of such laws, whether by Indians or others. The general rule is that the federal courts have jurisdiction over all Indians, for, regarding them as wards of the nation, the United States has full power... |
1909 |
| Isaac Franklin Russell |
The Indian Before the Law |
18 Yale Law Journal 328 (March, 1909) |
An inquiry at this date into the legal status of the Indian, and a glance at the record of long years of conflict and association with white men in America will, it is thought, exhibit in full operation some of the forces that are making for advance in modern jurisprudence. The period has been one of progress and reform, as well in political and... |
1909 |
| |
Indians - Power of Government Agent to Collect Tax Levied by Indian Tribe |
18 Harvard Law Review 314 (February, 1905) |
Acts of Congress and a treaty denied to an Indian tribe any jurisdiction over white persons and their property, but provided that white persons not authorized by the Indians to remain should be considered intruders, who might be removed by government agents unless they were in possession of town lots. Upon refusal of the plaintiffs, who owned such... |
1905 |
| |
English and Indian Law of Torts |
17 Harvard Law Review 595 (June, 1904) |
The first edition of this work, which appeared in 1897, has apparently been of great service to the profession in India. Its excellence as a general treatise upon the subject combined with its special treatment of Indian cases and the peculiarities of the Indian law created a demand for it which soon exceeded the supply and led to the production... |
1904 |
| |
Legal Status of the Indians-validity of Indian Marriages |
13 Yale Law Journal 250 (March, 1904) |
The legal relationship that exists between the United States government and the tribal Indians within its jurisdiction is difficult of precise description. That the Indians have been regarded from an early period in our national life as wards of the nation is perhaps generally known, but, nevertheless, that relationship has as long been looked upon... |
1904 |
| |
Constitutional Law - Control of Congress over the Indians - Eminent Domain |
15 Harvard Law Review 408 (January, 1902) |
Held, that an Act appropriating Indian lands for town-site purposes and providing for compensation to the Indians, is within the power of Congress. Tuttle v. Moore, 64 S. W. Rep. 585 (I. T., C. A.). See Notes, p. 399. |
1902 |
| |
Indians - Tribal Law |
13 Harvard Law Review 412 (January, 1900) |
Held, that the right of inheritance in land of a member of an Indian tribe whose tribal organization is still recognized by the government is controlled by the law of the tribe. Jones v. Meehan, 20 Sup. Ct. Rep. 1. See Notes, 13 Harv. Law Rev. 298. |
1900 |
| |
Indians-capacity to Sue-ejectment-johnson V. Long Island R. Co., 56 N. E. 992.(n. Y.) |
9 Yale Law Journal 373 (June, 1900) |
Plaintiff, a member of the Montauk tribe of Indians, brought action in ejectment on behalf of himself and any members of the tribe who would come in and contribute to the expense. Held, that Indian tribes are wards of the State and generally speaking are possessed of only such rights to appear and litigate in courts of justice as are conferred on... |
1900 |
| |
Public Lands-mexican Grants-rights of Indians-harvey et Al. V. Barker et Al., 58 Pac. Rep. 692 (Cal.) |
9 Yale Law Journal 146 (December, 1899) |
Defendants, Mission Indians, claimed a prescriptive title to certain lands included within the boundaries of a Mexican grant, which grant was confirmed by the United States and a patent thereto issued to plaintiff's grantor. Defendants did not present their claim to the land commissioners for confirmation, as provided under Act Cong., March 3,... |
1899 |
| |
The Law Governing Tribal Indians |
13 Harvard Law Review 298 (December, 1899) |
The recent case of Jones v. Meehan, Supreme Court of the United States, October Term, 1899, manuscript, brought up an interesting question as to the status of certain Indian tribes in Minnesota. In that case, a bill in equity to quiet title, it became necessary for the plaintiff to show that one Moose Dung the younger was sole owner of the land in... |
1899 |
| |
Constitutional Law - Class Legislation - Indians |
11 Harvard Law Review 414 (January 25, 1898) |
Held, that a State law forbidding the sale of liquor to any Indian, applies to an Indian who is a citizen of another State and of the United States, and is a valid exercise of the police power and not in violation of the Fourteenth Amendment. State v. Wise, 72 N. W. Rep. 843 (Minn.). The court says it is well known that, in spite of individual... |
1898 |
| |
Constitutional Law - Sale of Liquor to Indians |
8 Harvard Law Review 504 (March 25, 1895) |
The code of California makes it a felony to sell intoxicating liquors to any Indian, regardless of his citizenship or tribal relation. Held, that the law was general and uniform in its operation, and not in violation of any constitutional rights and immunities to which such Indians as citizens of the United States are entitled. People v. Bray, 38... |
1895 |
| Austin Abbott, New York |
Indians and the Law |
2 Harvard Law Review 167 (November 15, 1888) |
THE American student could select few single subjects the survey of which would bring under view a greater variety of important general principles, or afford more scope for forensic reasoning in the application of such principles, than the law relating to Indians. The progress of events has given additional interest at the present day to many of... |
1888 |