Here:
Question presented:
Whether individual Indian allottees with a current right of possession conferred by federal law have a federal common-law cause of action for trespass on their allotments.
Lower court materials here.
As Bryan Newland has been preaching lately (see his Strickland lecture), the federal courts have been treating tribal and Indian property rights as fungible because of their status as tribes and Indians, which is simply wrong. I’m glad Indian country is pushing back.
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