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Indian Reservation
An Indian reservation is an area of land held and governed by a federally recognized Native American tribal nation whose government is accountable to the United States Bureau of Indian Affairs and not to the state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This jumble of private and public real estate creates significant administrative, political and legal difficulties. The total area of all reservations is , approximately 2.3% of the total area of the United States and about the size of the state of Idaho. While most reservations are small ...
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Tribal Sovereignty In The United States
Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via treaties. As the U.S. accelerated its westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew nevertheless. The Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tribal nations as "domestic dependent nations" and uses its own legal system to define the relationship between the federal, state, and tribal governm ...
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Dawes Act
The Dawes Act of 1887 (also known as the General Allotment Act or the Dawes Severalty Act of 1887) regulated land rights on tribal territories within the United States. Named after Senator Henry L. Dawes of Massachusetts, it authorized the President of the United States to subdivide Native American tribal communal landholdings into allotments for Native American heads of families and individuals. This would convert traditional systems of land tenure into a government-imposed system of private property by forcing Native Americans to "assume a capitalist and proprietary relationship with property" that did not previously exist in their cultures. The act allowed tribes the option to sell the lands that remained after allotment to the federal government. Before private property could be dispensed, the government had to determine "which Indians were eligible" for allotments, which propelled an "official search for a federal definition of Indian-ness." Although the act was passed in ...
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Phoenix, Arizona
Phoenix ( ; nv, Hoozdo; es, Fénix or , yuf-x-wal, Banyà:nyuwá) is the capital and most populous city of the U.S. state of Arizona, with 1,608,139 residents as of 2020. It is the fifth-most populous city in the United States, and the only U.S. state capital with a population of more than one million residents. Phoenix is the anchor of the Phoenix metropolitan area, also known as the Valley of the Sun, which in turn is part of the Salt River Valley. The metropolitan area is the 11th largest by population in the United States, with approximately 4.85 million people . Phoenix, the seat of Maricopa County, has the largest area of all cities in Arizona, with an area of , and is also the 11th largest city by area in the United States. It is the largest metropolitan area, both by population and size, of the Arizona Sun Corridor megaregion. Phoenix was settled in 1867 as an agricultural community near the confluence of the Salt and Gila Rivers and was incorporated as a ci ...
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Alaska Natives
Alaska Natives (also known as Alaskan Natives, Native Alaskans, Indigenous Alaskans, Aboriginal Alaskans or First Alaskans) are the indigenous peoples of Alaska and include Iñupiat, Yupik, Aleut, Eyak, Tlingit, Haida, Tsimshian, and a number of Northern Athabaskan cultures. They are often defined by their language groups. Many Alaska Natives are enrolled in federally recognized Alaska Native tribal entities, who in turn belong to 13 Alaska Native Regional Corporations, who administer land and financial claims. Ancestors of Native Alaskans or Alaska Natives migrated into the area thousands of years ago, in at least two different waves. Some are descendants of the third wave of migration, in which people settled across the northern part of North America. They never migrated to southern areas. For this reason, genetic studies show they are not closely related to native peoples in South America. Alaska Natives came from Asia. Anthropologists have stated that their journey fr ...
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Reservation (law)
A reservation in international law is a caveat to a state's acceptance of a treaty. A reservation is defined by the 1969 Vienna Convention on the Law of Treaties (VCLT) as: a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. (''Article 2 (1)(d))'' In effect, a reservation allows the state to be a party to the treaty, while excluding the legal effect of that specific provision in the treaty to which it objects. States cannot take reservations after they have accepted the treaty; a reservation must be made at the time that the treaty affects the State. The Vienna Convention did not create the concept of reservations but codified existing customary law. Thus even States that have not formally acceded to the Vienna Convention act as if they had. As reservations ...
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Duress In American Law
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. '' Black's Law Dictionary'' (6th ed.) defines duress as "any unlawful threat or coercion used... to induce another to act r not actin a manner heyotherwise would not r would. Duress is pressure exerted upon a person to coerce that person to perform an act they ordinarily would not perform. The notion of duress must be distinguished both from undue influence in the civil law. In criminal law, duress and necessity are different defenses. Duress has two aspects. One is that it negates the person's consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise unlawful act. Defendants utilizing the duress defense admit to breaking the law but claim that they are not liable because, even though the act broke the law, it was only perf ...
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State-recognized Tribes In The United States
State-recognized tribes in the United States are organizations that identify as Native American tribes or heritage groups that do not meet the criteria for federally recognized Indian tribes but have been recognized by a process established under assorted state government laws for varying purposes. State recognition does not dictate whether or not they are recognized as Native American tribes by continually existing tribal nations. In the late 20th century, some states have passed legislation that recognizes some tribes. Most such groups are located in the Eastern United States, including the three of largest state-recognized tribes in the US, the Lumbee Tribe of North Carolina, Echota Cherokee Tribe of Alabama, and the United Houma Nation of Louisiana, each of which has more than ten thousand members. State recognition confers few benefits under federal law. It is not the same as federal recognition, which is the federal government's acknowledgment of a tribe as a dependen ...
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Federal Government Of The United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. Naming The full name of the republic is "United States of America". No other name appears in the Constitution, and t ...
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Native American Gambling Enterprises
Native American gaming comprises casinos, bingo halls, and other gambling operations on Indian reservations or other tribal lands in the United States. Because these areas have tribal sovereignty, states have limited ability to forbid gambling there, as codified by the Indian Gaming Regulatory Act of 1988. As of 2011, there were 460 gambling operations run by 240 tribes, with a total annual revenue of $27 billion. History In the early 1970s, Russell and Helen Bryan, a married Chippewa couple living in a mobile home on Indian lands in northern Minnesota, received a property tax bill from the local county, Itasca County.Kevin K. Washburn"The Legacy of Bryan v. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenue"92 Minnesota Law Review 919 (2008). The Bryans had never received a property tax bill from the county before. Unwilling to pay it, they took the tax notice to local legal aid attorneys at Leech Lake Legal Se ...
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Tribal Sovereignty
Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via treaties. As the U.S. accelerated its westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew nevertheless. The Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tribal nations as "domestic dependent nations" and uses its own legal system to define the relationship between the federal, state, and tribal governm ...
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Indian Land Grants
Indian Land Grants were land tracts granted to various Indians (Indigenous peoples of North America) by Treaty or by United States Congressional action in the Nineteenth century in northwestern Ohio. Grants near St. Mary's River Jean Baptiste Richardville Jean Baptiste Richardville was principal chief of the Miami tribe. He was granted tracts of land by the 1818 Treaty of St. Mary's. In Ohio, Article 3 granted "Two sections, on the Twenty-seven mile creek, where the road from St. Mary's to Fort Wayne crosses it, being one section on each side of said creek." – Text of Treaty of Saint Mary's Library of Congress This tract was partially in Township 27 North Range 15 East of the Second Principal Meridian in Adams County, Indiana, and part in T3S of R1E of the First Principal Meridian in Van Wert County, Ohio. Peter Labadie In Article 3 of the Treaty of St. Mary's, Peter Labadie was granted 640 acres of land on the St. Mary's River in Van Wert County, Ohio and Mercer Cou ...
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Mississippi River
The Mississippi River is the second-longest river and chief river of the second-largest drainage system in North America, second only to the Hudson Bay drainage system. From its traditional source of Lake Itasca in northern Minnesota, it flows generally south for to the Mississippi River Delta in the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains all or parts of 32 U.S. states and two Canadian provinces between the Rocky and Appalachian mountains. The main stem is entirely within the United States; the total drainage basin is , of which only about one percent is in Canada. The Mississippi ranks as the thirteenth-largest river by discharge in the world. The river either borders or passes through the states of Minnesota, Wisconsin, Iowa, Illinois, Missouri, Kentucky, Tennessee, Arkansas, Mississippi, and Louisiana. Native Americans have lived along the Mississippi River and its tributaries for thousands of years. Most were hunter-gathere ...
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