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United States V. White Mountain Apache Tribe
''United States v. White Mountain Apache Tribe'', 537 U.S. 465 (2003), was a case in which the Supreme Court of the United States held in a 5–4 decision that when the federal government used land or property held in trust for an Indian tribe, it had the duty to maintain that land or property and was liable for any damages for a breach of that duty. In the 1870s, the White Mountain Apache Tribe was placed on a reservation in Arizona. The case involved Fort Apache, a collection of buildings on the reservation which were transferred to the tribe by the United States Congress in 1960. Although the tribe owned the Fort Apache buildings, they were held in trust and used exclusively by the federal government for an Indian school. This was a continuation of the building's use from when the federal government retained title. As more schools were built at other Indian reservations, attendance dropped at the Fort Apache school. The tribe began to plan for use of the buildings and soug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of the United States, U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government procurement, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving Federal crime in the United States, criminal, Bankruptcy in the United States, bankruptcy, Immigration to the United States, immigration, or State law (United States), U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Tucker Act
Indian or Indians may refer to: Peoples South Asia * Indian people, people of Indian nationality, or people who have an Indian ancestor ** Non-resident Indian, a citizen of India who has temporarily emigrated to another country * South Asian ethnic groups, referring to people of the Indian subcontinent, as well as the greater South Asia region prior to the 1947 partition of India * Anglo-Indians, people with mixed Indian and British ancestry, or people of British descent born or living in the Indian subcontinent * East Indians, a Christian community in India Europe * British Indians, British people of Indian origin The Americas * Indo-Canadians, Canadian people of Indian origin * Indian Americans, American people of Indian origin * Indigenous peoples of the Americas, the pre-Columbian inhabitants of the Americas and their descendants ** Plains Indians, the common name for the Native Americans who lived on the Great Plains of North America ** Native Americans in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tucker Act
The Tucker Act (March 3, 1887, ch. 359, , ) is a federal statute of the United States by which the United States government has waived its sovereign immunity with respect to certain lawsuits. The Tucker Act may be divided into the "Big" Tucker Act, which applies to claims above $10,000 and gives jurisdiction to the United States Court of Federal Claims, and the "Little" Tucker Act (), the current version of which gives concurrent jurisdiction to the Court of Federal Claims and the District Courts "for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws", and for claims below $10,000. Permitted lawsuits Suits may arise out of express or implied contracts to which the government was a party. Damages may be liquidated or unliquidated. Suits may be broug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time. In civil law systems, such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subject Matter Jurisdiction
Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases. Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity. To decide a case, a court must have a combination of subject (''subjectam'') and either personal (''personam'') or territorial (''locum'') jurisdiction. Subject-matter jurisdiction, personal or territorial jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Historic Preservation Act Of 1966
The National Historic Preservation Act (NHPA; Public Law 89-665; 54 U.S.C. 300101 ''et seq.'') is legislation intended to preserve historic and archaeological sites in the United States of America. The act created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices. Senate Bill 3035, the National Historic Preservation Act, was signed into law on October 15, 1966, and is the most far-reaching preservation legislation ever enacted in the United States. Several amendments have been made since. Among other things, the act requires federal agencies to evaluate the impact of all federally funded or permitted projects on historic properties (buildings, archaeological sites, etc.) through a process known as ''Section 106 Review''. Many of the historic preservation provisions that had been in 16 U.S.C. are in 54 U.S.C. § 300101 through § 320303 bPublic Law 113–287of December 19, 2014. Early development Prior to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Federal Claims
The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992. The court is the successor to trial division of the United States Court of Claims, which was established in 1855. The courthouse of the Court of Federal Claims is situated in the Howard T. Markey National Courts Building (on Madison Place across from the White House) in Washington, D.C. History Court of Claims (1855–1982) The court traces its origins directly back to 1855, when Congress established the United States Court of Claims to provide for the determination of private claims against the United States government. The legislation was signed into law on February 24, 1855, by President Franklin Pierce. Throughout its 160-year history, although it has undergone notable changes in name, size, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1998 World Monuments Watch List Of Most Endangered Sites
The World Monuments Watch is a flagship advocacy program of the New York-based private non-profit organization World Monuments Fund (WMF) and American Express to call to action and challenge government authorities responsible for important cultural resources to identify sites immediately at risk, and to stimulate public awareness of the tremendous need to preserve and create sustainable uses for significant heritage made by man. Selection process Every two years, the program publishes a select list known as the Watch List of 100 Most Endangered Sites that is in urgent need of preservation funding and protection. The sites are nominated by public authorities, local preservation groups, and qualified individuals. An independent panel of international experts then select 100 candidates from these entries to be part of the Watch List, based on the significance of the site's overall significance, the urgency of its situation, the viability of action plans to save it, and the ability of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World Monuments Fund
World Monuments Fund (WMF) is a private, international, non-profit organization dedicated to the preservation of historic architecture and cultural heritage sites around the world through fieldwork, advocacy, grantmaking, education, and training. Founded in 1965, WMF is headquartered in New York, and has offices and affiliates around the world, including Cambodia, France, Peru, Portugal, Spain, and the United Kingdom. In addition to hands-on management, the affiliates identify, develop, and manage projects, negotiate local partnerships, and attract local support to complement funds provided by donors. History International Fund for Monuments (1965–1984) The ''International Fund for Monuments'' (IFM) was an organization created by Colonel James A. Gray (1909–1994) after his retirement from the U.S. Army in 1960. Gray had conceived of a visionary project to arrest the settlement of the Leaning Tower of Pisa by freezing the soil underneath, and formed the organization in 196 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
