Indian Claims and the Court of Federal Claims: A Legal Overview, Historical Accounting and Examination of the Court of Federal Claims' and Federal Circuit's Impact on Federal Indian Law

6 Journal of the Federal Circuit Historical Society 59 (2012)

14 Pages Posted: 11 May 2013

See all articles by Elizabeth Ann Kronk Warner

Elizabeth Ann Kronk Warner

University of Utah - S.J. Quinney College of Law

Date Written: 2012

Abstract

Many would argue that the history of the federal government’s relationship with Indian tribes is replete with examples of atrocities and shameful actions on the part of the federal government (which is not to say that Indian tribes have been historical angels). Through the Court of Federal Claims, and its predecessor the Indian Claims Commission, Indian tribes have been able to pursue monetary claims against the federal government for these historic and modern injustices. The history of Indian claims in the United States Court of Federal Claims is an interesting and multifaceted one. Although many Indian tribes regularly bring claims to the Court of Federal Claims today, this was not always the case. This article seeks to trace the history of Indian claims in the Court of Federal Claims and also discusses how decisions of the Court of Federal Claims and United States Court of Appeals for the Federal Circuit have significantly impacted the development of federal Indian law. To accomplish this goal, the article begins with a general examination of federal Indian law and of the history of Indian claims in the Court of Federal Claims. The article then examines some key decisions of the Court of Federal Claims and Court of Appeals for the Federal Circuit that have significantly impacted the development of federal Indian law.

Keywords: tribal claims against the federal government, Indians, Native American, American Indian, tribes, Court of Federal Claims, Federal Circuit

Suggested Citation

Kronk Warner, Elizabeth Ann, Indian Claims and the Court of Federal Claims: A Legal Overview, Historical Accounting and Examination of the Court of Federal Claims' and Federal Circuit's Impact on Federal Indian Law (2012). 6 Journal of the Federal Circuit Historical Society 59 (2012). Available at SSRN: https://ssrn.com/abstract=2263453

Elizabeth Ann Kronk Warner (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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