Download Alaska Natives and American Laws by David S. Case PDF

By David S. Case

Now in its 3rd version, Alaska Natives and American Laws continues to be the one paintings of its variety, canvassing federal legislation and its background as utilized to the indigenous peoples of Alaska. Covering 1867 via 2011, the authors supply lucid factors of the often-tangled background of coverage and legislation as utilized to Alaska’s first peoples. Divided conceptually into 4 extensive topics of indigenous rights to land, subsistence, providers, and sovereignty, the booklet bargains an intensive and balanced research of the evolution of those rights within the forty-ninth state.
This 3rd version brings the amount totally brand new, with attention of the wider evolution of indigenous rights in foreign legislations and up to date advancements at the floor in Alaska.

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0 (B12136); Thomson-Reuters (2011) (defining “trust). 115. 6 at 406–410. , Quick Bear v. S. 50 (1908) (in exchange for transfer of Indian land, the federal government agreed to use the purchase price for education of Indian children at a Catholic school). 116. 6 at 1344–1345. , Rockbridge v. 2d 567, 570 (1971). , United States v. S. 375 (1896). , Morton v. S. 199 (1974) at 236. , White v. Califano, 437 F. Supp. C. D. 2d 697 (8th Cir. 1978). 121. Alaska Public Easement Defense Fund v. Andrus, 435 F.

United States, 470 F. Supp. C. C. 1979), and Kenaitze Indian Tribe v. 2d 312 (9th Cir. 1988), cert. S. 905 (1989). , Williams v. S. 217 (1959). Chapter 1: The Federal Relationship to Alaska Natives 23 Native dependency alone is not legally sufficient to impose legally enforceable obligations on the United States. 130 During the twentieth century, and especially since the 1950s, Congress has ­enacted a number of statutes further acknowledging and defining the federal relationship. Many of these have both general and specific relevance to Alaska Natives.

110 Similar reasoning supports rules of statutory construction, requiring statutes passed for the benefit of Native Americans 102. Johnson v. S. ) 543 (1823). ” 103. Worcester v. S. ) 515 (1832) at 561. United States v. S. C. § 1153). Lone Wolf v. S. 553, 565 (1903) (upholding treaty abrogation). 105. T. S. Law, in Rethinking Indian Law 105–106 (CONAS, ed.  F. Wilkinson, American Indians, Time and the Law 23–31 (1987), for a thoughtful analysis of the distinction between the diverging line of cases, one beginning with Worcester and upholding tribal constitutional separatism, and the other ending with Lone Wolf and upholding the constitutional plenary power of Congress.

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