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The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823).
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.
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 ...
William McIntosh (c. 1760 – July 1832; also printed as "M‘Intosh") [a] was a fur trader, treasurer of the Indiana Territory under William Henry Harrison, and real estate entrepreneur. He became famous for the United States Supreme Court case of Johnson v. McIntosh (1823) and for his massive real estate holdings on the Wabash River.
Pages in category "Supreme Court of the Philippines cases" The following 23 pages are in this category, out of 23 total. This list may not reflect recent changes .
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
3.12 Incumbent Supreme Court Justices During the Chief Justiceship of Fred Ruiz Castro (1976–1979) 3.13 Incumbent Supreme Court Justices During the Chief Justiceship of Felix V. Makasiar (1985) 3.13.1 Incumbent Supreme Court Justices During the Chief Justiceship of Ramon C. Aquino (1985–1986)
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 ...