Ancient Indian Land Claims


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Iroquois Land Claims


Book Description

The landmark Oneida Supreme Court decisions of 1974 and 1985 testify to the fact that the Iroquois' day in court has finally arrived. Although Indian petitions to regain their shrinking land base have generally caught the non-­Indian public by surprise, land rights have been an issue for the Iroquois for the past two-hundred years. This book provides a balanced appraisal of the land claims made by several of the Iroquois tribes. By drawing upon the viewpoints of those who have a direct stake in the land claims' outcome-Iroquois, attorneys representing or defending against the claims, expert witnesses—and those who have extensive knowledge of the controversy, this book reveals the complexity of the issues. While there is no easy way to resolve these claims, the uniquely qualified contributors stress that a negotiated settlement is preferable to a litigated one. The fact that these cases have had to be brought to court, even to the Supreme Court, is evidence of the seriousness of the issues involved. This timely book strikes a balance among the various parties to the land disputes, proving an invaluable resource to academics, students, legal professionals, policymakers, and the public at large.




The Rights and Wrongs of Land Restitution


Book Description

The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Addressing the practical and theoretical questions that arise, this book offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.




Gaming


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Formulating American Indian Policy in New York State, 1970-1986


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This is the first descriptive analysis of how American Indian policies are made both at the statewide and at agency levels. Pertinent to all states, the study describes New York’s historic policies and emphasizes that improving Indian lifestyles or attracting Indians to government employment is handicapped by their overall distrust of state intentions, a distrust caused by the continued impasse on American Indian land claims. Employing archival records never before used, as well as a plethora of interviews with state officials and American Indians over a fifteen-year period, Hauptman concludes that critical policy changes are needed to build lasting trust.







Trust Lands


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Property


Book Description

Property Treatise – Thoroughly Updated and Revised This overview of property law addresses both classic and contemporary topics covered in the first-year property course in a clear, accessible format. The book offers clear explanations of property law through textual treatment, with numerous examples, analytical discussion of key cases, and issues followed by hypotheticals. The book places emphasis on disagreements among states about the applicable rules of property law, with explanations of the conflicting issues With extraordinary clarity and insight, Joseph William Singer has written a comprehensive overview of the rules and doctrine of property law. The numerous examples and hypotheticals in Property, Sixth Edition contribute to a rich pedagogy that illuminates both classic and contemporary topics. For the Sixth Edition, Professor Singer has been joined by Professor Nestor M. Davidson, and the authors have thoroughly updated and revised the treatise to reflect recent developments. Among the Changes New to the Sixth Edition: Recent developments in the law of public accommodations and fair housing on protections against discrimination on the basis of sex, sexual orientation, and gender identity, as well as updates to federal regulatory guidance on fair housing law. Important recent Supreme Court cases on regulatory takings, including Murr v. Wisconsin, on determining the relevant parcel; Knick v. Township of Scott, on the ability to file in federal court without exhausting state-court litigation; and Cedar Point Nursery v. Hassid, on the standard for claims of physical invasion. The challenge of “heirs property” to the loss of Black farmland and the rapid proliferation of the Uniform Partition of Heirs Property Act. Cases testing the limits of lease obligations and the boundaries of regulatory takings with the public-health response to the Covid-19 pandemic. Professors and students will benefit from: Clear explanations of legal doctrine based on research to make sure the rules are up-to-date Attention to both federal and state statutes that regulate property use and transfer Generous use of hypotheticals that illustrate the application of rules and doctrine Analysis of “hard cases” with short summaries of the strongest arguments on both sides of the issue Attention to differences among the states and the reasons why states adopt different rules