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The (In)Equities of Federal Indian Law

MSU Legal Studies Research Paper No. 04-24

The Federal Lawyer, Vol. 54, No. 32

13 Pages Posted: 26 Jan 2007  

Kathryn E Fort

Michigan State University - College of Law

Abstract

In 2005, the Supreme Court used the equitable defenses of laches, acquiescence and impossibility to dismiss the Oneida Indian Nation's request to remove its land from city tax roles. Later cases have extended the use of these defenses into other New York land claims. This article traces the historical origins of these three defenses, the origins of equity in England and the United States and provides some suggestions to Indian law practitioners bringing either land claims or treaty rights cases.

Keywords: Indian, tribe, land claim, equity, laches

Suggested Citation

Fort, Kathryn E, The (In)Equities of Federal Indian Law. MSU Legal Studies Research Paper No. 04-24 ; The Federal Lawyer, Vol. 54, No. 32. Available at SSRN: https://ssrn.com/abstract=959451

Kathryn E Fort (Contact Author)

Michigan State University - College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

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