Barker V. Harvey
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Barker V. Harvey
Aboriginal title in California refers to the aboriginal title land rights of the indigenous peoples of California. The state is unique in that no Native American tribe in California is the counterparty to a ratified federal treaty. Therefore, all the Indian reservations in the state were created by federal statute or executive order. California has experienced less possessory land claim litigation than other states. This is primarily the result of the California Land Act of 1851, Land Claims Act of 1851 (following the Treaty of Guadalupe Hidalgo) that required all claims deriving from the Spanish and Mexican governments to be filed within two years. Three U.S. Supreme Court decisions and one Ninth Circuit ruling have held that the Land Claims Act applied to aboriginal title, and thus extinguished all aboriginal title in the state (as no tribes filed claims under the Act). Two Deputy Attorneys General of California have advocated this view. History Spanish rule Spain establishe ...
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California Languages Precontact Multicolored
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an international border with the Mexico, Mexican state of Baja California to the south. With almost 40million residents across an area of , it is the List of states and territories of the United States by population, largest state by population and List of U.S. states and territories by area, third-largest by area. Prior to European colonization of the Americas, European colonization, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. European exploration in the 16th and 17th centuries led to the colonization by the Spanish Empire. The area became a part of Mexico in 1821, following Mexican War of Independence, its successful war for independence, but Mexican Cession, was ceded to the U ...
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George W
George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he is the eldest son of the 41st president, George H. W. Bush, and was the 46th governor of Texas from 1995 to 2000. Bush flew warplanes in the Texas Air National Guard in his twenties. After graduating from Harvard Business School in 1975, he worked in the oil industry. He later co-owned the Major League Baseball team Texas Rangers (baseball), Texas Rangers before being elected governor of Texas 1994 Texas gubernatorial election, in 1994. Governorship of George W. Bush, As governor, Bush successfully sponsored legislation for tort reform, increased education funding, set higher standards for schools, and reformed the criminal justice system. He also helped make Texas the Wind power in Texas, leading producer of wind-generated electricity in t ...
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Indian Claims Commission
The Indian Claims Commission (ICC) was a judicial relations arbiter between the United States federal government and Native American tribes. It was established under the Indian Claims Act of 1946 by the United States Congress to hear any longstanding claims of Indigenous tribes against the United States. It took until the late 1970s to complete most of them, with the last case finished in the early 21st century. The Indian Claims Commission was created on August 13, 1946, after nearly 20 years of Congressional debates. Its purpose was to serve as a tribunal for hearing claims against the United States arising prior to that date by any Native American tribe or other identifiable group of Indigenous people living in the United States. In this it exercised primary jurisdiction that formerly rested with the United States Court of Claims. The Court of Claims had jurisdiction over claims arising after August 13, 1946 and subsequently after the ICC ended its operations on April 10, 1977 on ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ...
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Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a " Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as ''Brown v. Board of Education'' (1954), '' Reynolds v. Sims'' (1964), '' Miranda v. Arizona'' (1966), and '' Loving v. Virginia'' (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He served as Governor of California from 1943 to 1953, and is the last chief justice to have served in an elected office before nomination to the Supreme Court. Warren is generally considered to be one of the most influential Supreme Court justic ...
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Court Of Claims (United States)
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts generally consist of judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal ...
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California Attorney General
The attorney general of California is the state attorney general of the government of California. The officer must ensure that "the laws of the state are uniformly and adequately enforced" (Constitution of California, Article V, Section 13). The California attorney general carries out the responsibilities of the office through the California Department of Justice. The department employs over 1,100 attorneys and 3,700 non-attorney employees. The California attorney general is elected to a four-year term, with a maximum of two terms. The election is held during the same statewide election for the Governor of California, governor and other state offices. Several attorneys general have gone on to higher office or office on the federal level, including the offices of governor, United States Senate, United States Senator, Chief Justice of the United States, chief justice of the United States Supreme Court, and vice president of the United States. On March 24, 2021, Governor Gavin News ...
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Earl Warren Portrait, Half Figure, Seated, Facing Front, As Governor
Earl () is a rank of the nobility in the United Kingdom. In modern Britain, an earl is a member of the peerage, ranking below a marquess and above a viscount. A feminine form of ''earl'' never developed; instead, ''countess'' is used. The title originates in the Old English word , meaning "a man of noble birth or rank". The word is cognate with the Scandinavian form ''jarl''. After the Norman Conquest, it became the equivalent of the continental count. In Scotland, it assimilated the concept of mormaer. Since the 1960s, earldoms have typically been created only for members of the royal family. The last non-royal earldom, Earl of Stockton, was created in 1984 for Harold Macmillan, prime minister from 1957 to 1963. Alternative names for the rank equivalent to "earl" or "count" in the nobility structure are used in other countries, such as the ''hakushaku'' (伯爵) of the post-restoration Japanese Imperial era. Etymology In the 7th century, the common Old English terms for no ...
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Public Domain
The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare, Ludwig van Beethoven, Miguel de Cervantes, Zoroaster, Lao Zi, Confucius, Aristotle, L. Frank Baum, Leonardo da Vinci and Georges Méliès are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the formulae of Classical mechanics, Newtonian physics and cooking recipes. Other works are actively dedicated by their authors to the public domain (see waiver) ...
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Public Land Commission
The California Land Act of 1851 (), enacted following the Treaty of Guadalupe Hidalgo and the admission of California as a state in 1850, established the California State Lands Commission to determine the validity of prior Spanish and Mexican land grants. It required landowners who claimed title under the Mexican government to file their claim with a commission within two years. Contrary to the Treaty of Guadalupe Hidalgo, which guaranteed full protection of all property rights for Mexican citizens, it placed the burden on landholders to prove their title. While the commission eventually confirmed 604 of the 813 claims, almost all of the claims went to court and resulted in protracted litigation. The expense of the long court battles required many land holders to sell portions of the property or even trade it in payment for legal services. A few cases were litigated into the 1940s. Legislation California Senator William M. Gwin presented a bill that was approved by the Se ...
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California Genocide
The California genocide was a series of genocidal massacres of the indigenous peoples of California by United States soldiers and settlers during the 19th century. It began following the American conquest of California in the Mexican–American War and the subsequent influx of American settlers to the region as a result of the California gold rush. Between 1846 and 1873, it is estimated that settlers killed between 9,492 and 16,094 Californian Indians; up to several thousand were also starved or worked to death. Forced labor, kidnapping, rape, child separation and forced displacement were widespread during the genocide, and were encouraged, tolerated, and even carried out by American government officials and military commanders. The 1925 book ''Handbook of the Indians of California'' estimated that California's indigenous population decreased roughly from 150,000 in 1848 to 30,000 in 1870 and 16,000 by 1900. This decline was caused by a mixture of disease, low birth rates, s ...
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