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10 - The Legacy of Allotment

from Part III - Property

Published online by Cambridge University Press:  11 December 2019

By
Judith V. Royster
Edited by
Grant Christensen  and
Melissa L. Tatum
Grant Christensen
Affiliation:
University of North Dakota
Melissa L. Tatum
Affiliation:
University of Arizona
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Summary

The Legacy of Allotment: explores the ways in which the federal courts have used the consequences of the federal policy of allotment and assimilation in modern court decisions, despite the fact that Congress officially repudiated the policy in 1934. The US Supreme Court has relied on various aspects of the allotment policy in its decisions diminishing Indian country and reducing the sovereign authority of tribal governments. Royster’s article demonstrates that the Supreme Court’s actions have been contrary to the Court’s own precedents and have usurped congressional authority over Indian affairs.

Keywords

allotmentsovereigntyDawes Actfractionationdisestablishment
Type
Chapter
Information
Reading American Indian Law
Foundational Principles
 , pp. 238 - 261
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Bobroff, Kenneth H., Retelling Allotment: Indian Property Rights and the Myth of Common Ownership, 54 Vanderbilt L. Rev. 1559 (2001).Google Scholar
Guzman, Kathleen R., Give or Take an Acre: Property Norms and the Indian Land Consolidation Act, 85 Iowa L. Rev. 595 (2000).Google Scholar
Klein, Christine A., Treaties of Conquest: Property Rights, Indian Treaties, and the Treaty of Guadalupe Hidalgo, 26 N.M. L. Rev. 201 (1996).Google Scholar
Laurence, Robert, The Dominant Society’s Judicial Reluctance to Allow Tribal Civil Law to Apply to Non-Indians: Reservation Diminishment, Modern Demography, and the Indian Civil Rights Act, 30 U. Rich. L. Rev. 781 (1996).Google Scholar
Monette, Richard A., Governing Private Property in Indian Country: The Double-Edged Sword of the Trust Relationship and Trust Responsibility Arising out of Early Supreme Court Opinions and the General Allotment Act, 25 N.M. L. Rev. 35 (1995).Google Scholar
Shoemaker, Jessica, Like Snow in the Spring Time: Allotment, Fractionation, and the Indian Land Tenure Problem, 2003 Wis. L. Rev. 729 (2003).Google Scholar
Tsosie, Rebecca, Land, Culture, and Community: Reflections on Native Sovereignty and Property in America, 34 Ind. L. Rev. 1291 (2001).Google Scholar
Wood, Mary Christina, Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited, 1994 Utah L. Rev. 1471 (1994).Google Scholar

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