American Indians and the Law

Cover
Lawrence Rosen
Transaction Publishers - 223 Seiten

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Ausgewählte Seiten

Inhalt

THE INDIAN POLICY REVIEW COMMISSION
9
THE HISTORICAL CONTEXT OF AMERICAN INDIAN LEGAL PROBLEMS
12
TRIBAL COURTS THE MODEL CODE AND THE POLICE IDEA IN AMERICAN INDIAN POLICY
25
THE STRUCTURE OF THE BUREAU OF INDIAN AFFAIRS
61
WATER RIGHTS IN THE COAL FIELDS OF THE YELLOWSTONE RIVER BASIN
77
NAVAJO EXPERIENCE IN THE COLORADO RIVER BASIN
97
A FLAWED VICTORY
132
A DYNAMIC VIEW OF TRIBAL JURISDICTION TO TAX NONINDIANS
166
TOWARD A MORE COHERENT POLICY FOR FUNDING INDIAN EDUCATION
190
Urheberrecht

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Seite 81 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Seite 20 - And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life...
Seite 87 - No trace is to be found in the Constitution of an intention to create a dependence of the government of the Union on those of the States, for the execution of the great powers assigned to it. Its means are adequate to its ends; and on those means alone was it expected to rely for the accomplishment of its ends.
Seite 26 - The great end of men's entering into society being the enjoyment of their properties in peace and safety, and the great instrument and means of that being the laws established in that society; the first and fundamental positive law of all commonwealths is the establishing of the legislative power...
Seite 148 - Secretary to withdraw up to 80 million acres of land to be studied for possible addition to the National Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers Systems.
Seite 83 - That the people inhabiting said proposed states do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof...
Seite 81 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Seite 86 - Looking at the clause in which the terms "compact" or "agreement" appear, it is evident that the prohibition is directed to the formation of any combination tending to the increase of political power in the states, which may encroach upon or interfere with the just supremacy of the United States.
Seite 94 - States to give the tribal lands to others, or to appropriate them to its own purposes, without rendering, or assuming an obligation to render, just compensation for them ; for that " would not be an exercise of guardianship, but an act of confiscation.
Seite 58 - It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.

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