News Coverage of the 8th Annual Haudenosaunee Conference

From the Democrat and Chronicle:

SYRACUSE — Three federal court decisions regarding Native American land claims in upstate have created legal doctrine that lawscholars meeting in Syracuse described as unsupportable.

About 50 Indian law professors and students discussed the issue Friday at Syracuse University during the eighth annual Haudenosaunee Conference, which continues today. The conference, hosted by the SU Law School’s Center for Indigenous Law, Governance & Citizenship, looks at contemporary legal issues that affect New York’s native peoples.

Referring to a new legal theory espoused in a 2005 decision regarding a tax dispute between the Oneida Nation of New York and the city of Sherrill in Oneida County, Syracuse attorney Joseph Heath said, “It’s racist. It only applies to Indians.”

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Kathryn Fort, staff attorney at the Indigenous Law and Policy Center at Michigan State University, described what she called “new laches” doctrine established by the recent cases. The doctrine departs from the 800-year-old laches theory that says legal complaints can be denied if the plaintiff waits too long and the defendant would be harmed by that delay.

However, even when laches applies, she said, there can still be an equitable remedy — paying for the land taken by illegal treaties, for instance.

In the New York tax and land claim cases, though, no remedy was offered.

 

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One thought on “News Coverage of the 8th Annual Haudenosaunee Conference

  1. Ronnie Sellers Walkingstick November 19, 2011 / 12:09 pm

    according to the United States government’s laws, what they did to the First Americans was against their own laws and rightfully they should give back all they have taken from the First Americans. That is why they gave the black slaves land and citizenship and put the First Americans on Reservations like prisoners of war. They had legal ownership of everything and by force and murder the United States government took everything from them.
    Even their own freedom. FREEDOM, which they so proudly proclaim for their choice of Government. Democracy took away the freedom the First Americans had to begin with. The presence of the First Americans show them to be hippocrits >ms.

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