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McIntosh, [a] 21 U.S. (8 Wheat.) 543 (1823), also written M‘Intosh, is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall , the successor in interest to a private purchase from the Piankeshaw attempted to ...
The discovery doctrine was expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. McIntosh in 1823. In that case, Chief Justice John Marshall held that under generally accepted principles of international law:
The case of Johnson v. McIntosh by the Supreme Court in 1823 is well known to most law students as declaring that Indian tribes had the right to occupy the land but only the United States held title to the land by right of discovery. It covers other major cases, including Cherokee Nation v.
Loyalist property forfeiture, Supreme Court review of state court judgments Laidlaw v. Organ: 15 U.S. 178 (1817) the rule of caveat emptor in a commodity delivery contract: Craig v. Radford: 16 U.S. 594 (1818) Jay Treaty protection of alien enemy defeasible estate; surveying law McCulloch v. Maryland: 17 U.S. 316 (1819) doctrine of implied ...
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because:
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, [1] is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case.
The ruling came on the final day of the Supreme Court's term that began in October. Swipe fees, also called interchange fees, reimburse banks for costs involved in offering debit cards.
The Court rejected the Ninth Circuit's approach, which interpreted the treaty's silence in favor of tribal sovereignty and applied the "long-standing rule that legislation affecting the Indians is to be construed in their interest." [13] Instead, the Court revived the doctrine of implicit divestiture. Citing Johnson v. McIntosh and Cherokee ...