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United States V. Winans
''United States v. Winans'', 198 U.S. 371 (1905), was a U.S. Supreme Court case that held that the Treaty with the Yakima of 1855, negotiated and signed at the Walla Walla Council of 1855, as well as treaties similar to it, protected the Indians' rights to fishing, hunting and other privileges. Background In 1854 and 1855, the United States entered into a series of treaties with many of the Indian tribes of the Pacific Northwest. In exchange for Indian interest in certain lands in what is today the State of Washington, the Indians reserved relatively small parcels of land for their exclusive use (hence the term "reservation"), were given compensation in monetary payments, and other guarantees. The Treaty with the Yakima, signed on June 9, 1855, guaranteed to the Yakama "the right of taking fish at all usual and accustomed places in common with the citizens of the Territory".DiCanio, Margaret, (2005). ''Encyclopedia of American Activism: 1960 to the Present,'' p.342. iUniverse, ...
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Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, ''Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published de ...
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Columbia River Gorge
The Columbia River Gorge is a canyon of the Columbia River in the Pacific Northwest of the United States. Up to deep, the canyon stretches for over as the river winds westward through the Cascade Range, forming the boundary between the state of Washington to the north and Oregon to the south. Extending roughly from the confluence of the Columbia with the Deschutes River (and the towns of Roosevelt, Washington, and Arlington, Oregon) in the east down to the eastern reaches of the Portland metropolitan area, the water gap furnishes the only navigable route through the Cascades and the only water connection between the Columbia Plateau and the Pacific Ocean. It is thus that the routes of Interstate 84, U.S. Route 30, Washington State Route 14, and railroad tracks on both sides run through the gorge. A popular recreational destination, the gorge holds federally protected status as the Columbia River Gorge National Scenic Area and is managed by the Columbia River Gorge Commi ...
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Sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derived ...
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Edward Douglass White
Edward Douglass White Jr. (November 3, 1844 – May 19, 1921) was an American politician and jurist from Louisiana. White was a U.S. Supreme Court justice for 27 years, first as an associate justice from 1894 to 1910, then as the ninth chief justice from 1910 until his death in 1921. White is known for formulating the '' Rule of Reason'' standard of antitrust law. Born in Lafourche Parish, Louisiana, White practiced law in New Orleans after graduating from the University of Louisiana. He also attended the College of the Immaculate Conception, present-day Jesuit High School in New Orleans, class of 1865. His father, Edward Douglass White Sr., was the 10th Governor of Louisiana and a Whig US Representative. White fought for the Confederacy during the Civil War and was captured in 1865. After the war, White won election to the Louisiana State Senate and served on the Louisiana Supreme Court. As a member of the Democratic Party, White represented Louisiana in the United States ...
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Columbia River
The Columbia River (Upper Chinook: ' or '; Sahaptin: ''Nch’i-Wàna'' or ''Nchi wana''; Sinixt dialect'' '') is the largest river in the Pacific Northwest region of North America. The river rises in the Rocky Mountains of British Columbia, Canada. It flows northwest and then south into the U.S. state of Washington, then turns west to form most of the border between Washington and the state of Oregon before emptying into the Pacific Ocean. The river is long, and its largest tributary is the Snake River. Its drainage basin is roughly the size of France and extends into seven US states and a Canadian province. The fourth-largest river in the United States by volume, the Columbia has the greatest flow of any North American river entering the Pacific. The Columbia has the 36th greatest discharge of any river in the world. The Columbia and its tributaries have been central to the region's culture and economy for thousands of years. They have been used for transportation since a ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Yakama Indian Reservation
The Yakama Indian Reservation (spelled Yakima until 1994) is a Native American reservation in Washington state of the federally recognized tribe known as the Confederated Tribes and Bands of the Yakama Nation. The tribe is made up of Klikitat, Palus, Wallawalla, Wanapam, Wenatchi, Wishram, and Yakama peoples. Geography The reservation is located on the east side of the Cascade Mountains in southern Washington state. The eastern portion of Mount Adams lies within this territory. According to the United States Census Bureau, the reservation covers 2,185.94 square miles (5,661.56 km²) and the population in 2000 was 31,799. It lies primarily in Yakima and the northern edge of Klickitat counties. The largest city on the reservation is Toppenish. About 80% of the reservation's land is held in trust by the federal government for the benefit of the tribe and tribal members.Mark T. BakerThe Hollow Promise of Tribal Power to Control the Flow of Alcohol into Indian Country 8 ...
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Joseph McKenna
Joseph McKenna (August 10, 1843 – November 21, 1926) was an American politician who served in all three branches of the U.S. federal government, as a member of the U.S. House of Representatives, as U.S. Attorney General and as an Associate Justice of the Supreme Court. He is one of seventeen members of the House of Representatives who subsequently served on the Supreme Court (including two Chief Justices). Biography Born in Philadelphia, Pennsylvania, the son of Irish Catholic immigrants, he attended St. Joseph's College and the Collegiate Institute in Benicia, California. After being admitted to the California bar in 1865, he became District Attorney for Solano County and then campaigned for and won a seat in the California State Assembly for two years (1875–1877). He retired after one term and an unsuccessful bid for Speaker.
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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David E
David (; , "beloved one") (traditional spelling), , ''Dāwūd''; grc-koi, Δαυΐδ, Dauíd; la, Davidus, David; gez , ዳዊት, ''Dawit''; xcl, Դաւիթ, ''Dawitʿ''; cu, Давíдъ, ''Davidŭ''; possibly meaning "beloved one". was, according to the Hebrew Bible, the Kings of Israel and Judah, third king of the Kingdom of Israel (united monarchy), United Kingdom of Israel. In the Books of Samuel, he is described as a young shepherd and Lyre, harpist who gains fame by slaying Goliath, a champion of the Philistines, in southern Canaan. David becomes a favourite of Saul, the first king of Israel; he also forges David and Jonathan, a notably close friendship with Jonathan (1 Samuel), Jonathan, a son of Saul. However, under the paranoia that David is seeking to usurp the throne, Saul attempts to kill David, forcing the latter to go into hiding and effectively operate as a fugitive for several years. After Saul and Jonathan are both killed in battle against the Philistin ...
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Salmon
Salmon () is the common name for several list of commercially important fish species, commercially important species of euryhaline ray-finned fish from the family (biology), family Salmonidae, which are native to tributary, tributaries of the North Atlantic (genus ''Salmo'') and North Pacific (genus ''Oncorhynchus'') basin. Other closely related fish in the same family include trout, Salvelinus, char, Thymallus, grayling, Freshwater whitefish, whitefish, lenok and Hucho, taimen. Salmon are typically fish migration, anadromous: they hatch in the gravel stream bed, beds of shallow fresh water streams, migrate to the ocean as adults and live like sea fish, then return to fresh water to reproduce. However, populations of several species are restricted to fresh water throughout their lives. Folklore has it that the fish return to the exact spot where they hatched to spawn (biology), spawn, and tracking studies have shown this to be mostly true. A portion of a returning salmon run ma ...
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Fish Wheel
A fish wheel, also known as a salmon wheel, is a device situated in rivers to catch fish which looks and operates like a watermill. However, in addition to paddles, a fish wheel is outfitted with wire baskets designed to catch and carry fish from the water and into a nearby holding tank. The current of the river presses against the submerged paddles and rotates the wheel, passing the baskets through the water where they intercept fish that are swimming or drifting. Naturally a strong current is most effective in spinning the wheel, so fish wheels are typically situated in shallow rivers with brisk currents, close to rapids, or waterfalls. The baskets are built at an outward-facing slant with an open end so the fish slide out of the opening and into the holding tank where they await collection. Yield is increased if fish swimming upstream are channeled toward the wheel by weirs. Fish wheels were used on the Columbia River in Oregon by large commercial operations in the early twent ...
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