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Bryan V. Itasca County
''Bryan v. Itasca County'', 426 U.S. 373 (1976), was a case in which the Supreme Court of the United States held that a state did not have the right to assess a tax on the property of a Indigenous people of the United States, Native American (Indian) living on tribal land absent a specific Congressional grant of authority to do so. The case arose when a Minnesota county taxed an Indian's mobile home located on the reservation. The Court ruled that the state did not have the authority to impose such a tax or, more generally, to regulate behavior on the reservation. ''Bryan'' has become a landmark case that has led to Native American gaming, Indian gaming on reservations and altered the economic status of almost every Indian tribe. Later decisions, citing ''Bryan'', ruled that Public Law 280 allows states to enact prohibitions, or crimes, that would apply on reservations, but could not impose regulations on conduct that was otherwise allowed. The case has also called into question t ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Minnesota District Courts
The District Court of Minnesota is the state trial court of general jurisdiction in the U.S. state of Minnesota. Jurisdiction of the court The Minnesota Constitution provides that the district court has original jurisdiction in civil and criminal cases and such appellate jurisdiction as may be prescribed by law. Appeals from these courts usually go to the Minnesota Court of Appeals. Structure of the court It is common to refer to the "district courts" in the plural, as if each court in each judicial district is a separate court; this is the usage found in Chapter 484 of the Minnesota Statutes, which governs the jurisdiction, powers, procedure, organization, and operations of the district court. However, the Minnesota Constitution only refers to the "district court" in the singular (as a single statewide court). As the Court of Appeals has recognized, "Minnesota trial benches were consolidated into a single district court." In 2019 there were 289 judges of the district court ...
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UCLA School Of Law
The UCLA School of Law is one of 12 professional schools at the University of California, Los Angeles. UCLA Law has been consistently ranked by '' U.S. News & World Report'' as one of the top 20 law schools in the United States since the inception of the ''U.S. News'' rankings in 1987. Its 18,000 alumni include leaders in the judiciary, private law practice, business, government service, sports and entertainment law, and public interest law. Jennifer L. Mnookin, an evidence scholar who joined the UCLA Law faculty in 2005, became the school's ninth dean, and third female dean, in 2015. She served in this capacity until June of 2022, when she stepped down to become chancellor of the University of Wisconsin-Madison. She was replaced by Russell Korobkin on an interim basis until a permanent successor is found. History Founded in 1949, the UCLA School of Law is the third oldest of the five law schools within the University of California system. In the 1930s, initial efforts to establ ...
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University Of California, Los Angeles
The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California. UCLA's academic roots were established in 1881 as a teachers college then known as the southern branch of the California State Normal School (now San José State University). This school was absorbed with the official founding of UCLA as the Southern Branch of the University of California in 1919, making it the second-oldest of the 10-campus University of California system (after UC Berkeley). UCLA offers 337 undergraduate and graduate degree programs in a wide range of disciplines, enrolling about 31,600 undergraduate and 14,300 graduate and professional students. UCLA received 174,914 undergraduate applications for Fall 2022, including transfers, making the school the most applied-to university in the United States. The university is organized into the College of Letters and Science and 12 professional schools. Six of the schools offer undergraduate degre ...
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Indian Termination Policy
Indian termination is a phrase describing United States policies relating to Native Americans from the mid-1940s to the mid-1960s. It was shaped by a series of laws and practices with the intent of assimilating Native Americans into mainstream American society. Cultural assimilation of Native Americans was not new; the belief that indigenous people should abandon their traditional lives and become what the government considers "civilized" had been the basis of policy for centuries. What was new, however, was the sense of urgency that, with or without consent, tribes must be terminated and begin to live "as Americans." To that end, Congress set about ending the special relationship between tribes and the federal government. In practical terms, the policy ended the federal government's recognition of sovereignty of tribes, trusteeship over Indian reservations, and the exclusion of state law's applicability to Native persons. From the government's perspective, Native Americans we ...
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US Supreme Court Justice William Brennan - 1972 Official Portrait
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americans ...
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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 an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, 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 cen ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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Amicus Curae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ...
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Minnesota Supreme Court
The Minnesota Supreme Court is the Supreme court, highest court in the U.S. state of Minnesota. The court hears cases in the Supreme Court chamber in the Minnesota State Capitol or in the nearby Minnesota Judicial Center. History The court was first assembled as a three-judge panel in 1849 when Minnesota was still a Minnesota Territory, territory. The first members were lawyers from outside the region, appointed by President Zachary Taylor. The court system was rearranged when Minnesota became a state in 1858. Appeals from Minnesota District Courts went directly to the Minnesota Supreme Court until the Minnesota Court of Appeals, an intermediate appellate court, was created in 1983 to handle most of those cases. The court now considers about 900 appeals per year and accepts review in about one in eight cases. Before the Court of Appeals was created, the Minnesota Supreme Court handled about 1,800 cases a year. Certain appeals can go directly to the Supreme Court, such as those ...
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Native American Rights Fund
The Native American Rights Fund (NARF) is a non-profit organization that uses existing laws and treaties to ensure that U.S. state governments and the U.S. federal government live up to their legal obligations. NARF also "provides legal representation and technical assistance to Indian tribes, organizations and individuals nationwide."Native American Rights Fund.
(retrieved on 13 Feb 2010)


Background

The Native American Rights Fund was co-founded in 1970 by David Getches and John Echohawk (Pawnee people, Pawnee). Echohawk currently serves as executive director. NARF is governed by a volunteer board of directors composed of thirteen Indigenous peoples of the Americas, Native Americans from different tribes throughout the country with a variety of expertise in Indian matters. A staff of fifteen attorneys handles ab ...
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