By Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of Western Attorneys General
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Pan American Co. v. 2d 416, 418 (9th Cir. 1989); American Indian Agr'l Credit Consortium, Inc. v. 2d 1374, 1378 (8th Cir. 1985); Chemehuevi Indian Tribe v. California State Bd. S. 9 (1985). , Santa Clara Pueblo v. S. S. 123 (1908)); Puyallup Tribe v. S. at 17172; Arizona Pub. Serv. Co. v. 3d 1128, 113334 (9th Cir. 1995); Tamiami Partners, Ltd. v. 3d 1030, 105051 (5th Cir. 1995); Baker Elec. , Inc. v. 3d 1466, 147172 (8th Cir. 1994); Tenneco Oil Co. v. 2d 572, 574 (10th Cir. 1984) (per curiam); Wisconsin v.
I. Judicial Foundations of Federal Indian Policy A. The Marshall Trilogy In Cherokee Nation v. Georgia3 Chief Justice John Marshall articulated a view of Indian tribes' legal status that has largely governed the development of modern Indian law. The issue there was whether the Cherokee Nation was a "foreign state" within the meaning of Article III, section 2 of the Constitution so as to create diversity jurisdiction over a claim against the State of Georgia that certain of its laws served "directly to annihilate the Cherokees as a political society, and to seize, for the use of Georgia, the lands of the 1County of Oneida v.
S. at 219. 51Id. at 224. 52Id. at 225. 53Id. at 226. 54 Mary Christina Wood, Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited, 1994 Utah L. Rev. 1471, 1522 (1994); Nell Jessup Newton, Enforcing the Federal-Indian Trust Relationship After Mitchell, 31 Cath. U. L. Rev. 635, 681 (1982) (discussing Mitchell I). Page 10 the general trust relationship identified in Cherokee Nation is, standing alone, an insufficient predicate for either retroactive or prospective relief.
American Indian Law Deskbook by Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of Western Attorneys General