Indians - United States must Compensate for Appropriation of Lands Occupied by Tribes under Original Indian Title 60 Harvard Law Review 465 (February, 1947) In 1855 the plaintiff Indian tribes signed a treaty with the Superintendent of Indian Affairs for the Oregon Territory providing for the cession of their tribal lands in return for money payments and the creation of a reservation. Relying upon the expected ratification of this treaty, the government removed the plaintiffs to a reservation, the... 1947
F. M. O. Handbook of Federal Indian Law. By Felix S. Cohen. Washington: United States Government Printing Office. Pp. Xxiv, 662. $2.00 54 Yale Law Journal 487 (March, 1945) This is a thorough and a comprehensive book, and its title does not belie its content. It represents an editorial achievement of signal merit: thousands of cases, statutes, treaties and administrative rulings, often inconsistent and usually unavailable, have been collected in an organic treatment for the first time. Its twenty-three chapter... 1945
  Aliens - Alien Enemies - Nonresident Citizen of Austria Held Not Citizen of Germany after Anschluss; but Native of Austria Held Native of Germany 57 Harvard Law Review 251 (December, 1943) The relator, a naturalized citizen of Austria, arrived in the United States in 1936. After Germany invaded and completely absorbed Austria in the Anschluss of 1938, a German decree granted German citizenship to all Austrian citizens. The Alien Enemy Act provides that whenever there is a declared war between the United States and any foreign nation,... 1943
K. N. Llewellyn The Normative, the Legal, and the Law-jobs: the Problem of Juristic Method 49 Yale Law Journal 1355 (June, 1940) People who get interested in sociology of law, whatever they prove to mean by either term, seem to find themselves caught in a tidal current that runs toward the troubled waters of a Grundlegung, an Introduction, a Foundations, a What it will be about when I get around to really dealing with it. Max Weber, Ehrlich, Timasheff, de la... 1940
  State Taxation of Indians' Royalties from Lease of Tax-exempt Tribal Resources 45 Yale Law Journal 726 (February, 1936) The mineral resources of Osage land are, by congressional act, given to the United States to hold in trust for the tribe. Royalties derived from a lease of such resources are payable to the United States Treasury to be held for the Indians. However, when the Secretary of the Interior is satisfied that an individual Indian is able to manage his own... 1936
Ray A. Brown The Indian Problem and the Law 39 Yale Law Journal 307 (January, 1930) When the first settlers from Europe arrived upon the North American continent they were immediately presented with an Indian problem, This problem has been with them and their descendants ever since, and today it is far from being solved. It is true that at present it is not very pressing from the standpoint of the dominant white race. Most of... 1930
  Conflict of Laws - Legitimation - Effect of Indian Tribal Law 39 Harvard Law Review 895 (May, 1926) The plaintiffs, the illegitimate children of a Creek Indian allottee who died in 1908, claimed to be entitled to his land. The Creek statutes provided: If any person claim to be the child of a deceased male person, and it should be proven that such person did not, during life, recognize the claimant as his offspring, then such claimant shall not... 1926
  Constitutional Law-ore Extracted from Indian Land Not Taxable by State 36 Yale Law Journal 142 (November, 1926) Plaintiff sued to recover tax money paid under protest to the State of Oklahoma. The levy in question was an ad valorem tax on ores taken from a federal Indian reservation under a lease to the plaintiff which provided for payment of royalties directly to the Secretary of the Interior for the Indians. The Oklahoma Supreme Court gave judgment for the... 1926
  Indians - Restrictions Imposed on Land Purchased for Indian by Secretary of the Interior 39 Harvard Law Review 780 (April, 1926) The superintendent of the Five Civilized Tribes authorized the guardians of a Creek Indian to purchase land for their ward. The purchase price was paid out of royalties from oil leases on allotments belonging to the Indian, which had been paid to the superintendent. Under a statute the Secretary of the Interior had control of these lands and the... 1926
  Administrative Law-commission for Indian Lands-judicial Non-interference with Finding of Fact 32 Yale Law Journal 413 (February, 1923) The United States sought to quiet title in the Creek Indian Tribe and to annul a land certificate and patent awarded by the Dawes Commission, alleging that the patentee had never existed. Held, that the finding by the Commission as to the existence of the patentee was final. United States v. Minnie Atkins (1922, U. S.) 43 Sup. Ct. 78. A similar... 1923
  Wills - Probate - Approval and Acknowledgment of Will of Full-blood Indian Required by Act of Congress 36 Harvard Law Review 351 (January, 1923) The testatrix, a full-blood Indian, devised her allotment by a will admitted to probate in the county court. An Oklahoma statute provides that actions to contest wills on the ground of want of due execution must be brought within one year after probate. (1910 Okla. Rev. Laws, § 6219.) Two years after probate, the parent as heir of the testatrix... 1923
  Jurisdiction-indian Courts-powers of State Courts in Controversies over Indian Reservation Lands 31 Yale Law Journal 331 (January, 1922) A peacemaker's court had been recognized on the Cattaraugus Indian Reservation. N. Y. Cons. Laws, 1909, ch. 26, sec. 46. This court had exclusive jurisdiction . to hear and determine all questions and actions between individual Indians, residing on the reservation, involving the title to real estate thereon. Sections 5 of the Act gave the state... 1922
  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
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