39:
1361:(BIA) could adjudicate the tribe's petition for federal recognition. The court noted: "The Department has never formally passed on the tribal status of the Mashpees or, so far as the record shows, any other group whose status was disputed. Therefore, the Department does not yet have prescribed procedures and has not been called on to develop special expertise in distinguishing tribes from other groups of Indians." Yet, in 1978, the BIA had promulgated regulations establishing the criteria for federal recognition of tribes. In light of these new regulations, and their later use, the
2680:, Maine v. Johnson, 498 F.3d 37 (1st Cir. 2007) (holding that the EPA erred in exempting two tribally owned facilities from state permitting under the Clean Water Act and settlement acts); Houlton Band of Maliseet Indians v. Ryan, 484 F.3d 73 (1st Cir. 2007) (holding that the settlement acts abrogated tribal sovereign immunity and applied state employment discrimination laws to the tribes); Aroostook Band of Micmacs v. Ryan, 484 F.3d 41 (1st Cir. 2007) (same); Passamaquoddy Tribe v. Maine, 75 F.3d 784 (1st Cir. 1996) (holding that the settlement act prevents the application of the
3066:
1179:
356:, counsel opined that "obtaining a fair hearing of their claim would be virtually impossible." Up until the 1960s, Maine continued to fulfill certain provisions of the 1794 treaty, including the periodic provision of 150 yards of blue cloth, 400 pounds of powder, 100 bushels of salt, 36 hats, and a barrel of rum. By 1964, of the 23,000 acres (93 km) reservation, 6,000 acres (24 km) had been diverted to other purposes and only 17,000 acres (69 km) remained under tribal control.
1193:
852:, a member of the Ford administration, evaluated the tribe's claim and concluded that "Maine's tribes stood to gain a sizeable portion of that state" if the federal government went forward and litigated the dispute on behalf of the tribe, to which the court had declared the tribe was entitled. Patterson evaluated various other options, and recommended a land and cash settlement; however, in December 1976, Ford decided to pass this issue to the next administration: that of President
792:
1268:
of the State of Maine to the extent and in the manner provided in the Maine
Implementing Act . . . ." MIA provided that the tribes and their lands "shall be subject to the laws of the State and to the civil and criminal jurisdiction of the courts of the State to the same extent as any other person . . . or natural resources therein." Outside of Maine, the federal government and tribal governments generally share concurrent civil and criminal jurisdiction in
1079:, a lawyer for the paper and timber companies—negotiated a solution whereby $ 30 million of the settlement funds would come from various programs in the federal budget. That settlement was presented to the Maine congressional delegation in August 1979, but they refusal to endorse it until the Maine legislature had approved it. Governor Langley, in turn, refused to accept any deal that would limit the state's jurisdiction over the tribes.
1016:. Further, the tribes would agree to dismiss their claims against the state for $ 1.7 million in appropriations per year for 15 years and all claims against the private landowners for 300,000 acres (1,200 km) and an option to buy 200,000 acres (810 km) more at fair market value. Congress was to appropriate $ 1.5 million to compensate the contributing private landowners and $ 3.5 million to assist the tribes in exercising the option.
666:—for $ 150,000,000 in damages on behalf of the Passamaquoddy on July 1, 1972. The Penobscot Tribe voted to join the lawsuit late June, and the Secretary filed a second lawsuit, for the same amount, on behalf of the Penobscot on July 17—one day before the statute of limitations would have expired. A few hours before the statutory period was due to expire the next day, Congress extended it for 90 days—the first of a
489:
922:
1398:
gained or lost in the final negotiations." But, in
Kempers' view, "n the final analysis, however, the settlement negotiations appear to have compromised the very basis of the claim" by bringing the tribes under "much closer state supervision." "In a very real way, the deterioration of culture that the tribes' sought to reverse by going to court was aggravated by the litigation and the political negotiation of their claim."
1025:
476:. Based on the acreage involved, Lazarus pointed out that the claim would net only $ 300,000 before the Commission, which would be less than the cost of litigation. When Tureen said, "Mr. Lazarus, this is not an Indian Claims Commission case, this is a Nonintercourse Act claim," Lazarus shook his head and told Tureen he was dreaming. Tureen was able to recruit Barry Margolin, David Crosby, and Stuart Ross of
1320:, that court held that neither Rhode Island's unilateral attempt to disband the Narragansett tribe nor its provision of services to the tribe "could operate to terminate the trust relationship." Instead, the court held that the Narragansett need only establish that they were a tribe "racially and culturally" to come within the protection of the Act. The Narragansett claim was settled by legislation in 1978.
960:
within the claim area), and the option to purchase 400,000 acres (1,600 km) at fair market value as negotiated by the
Interior Secretary. If the tribes rejected the settlement, Gunter proposed that Congress extinguish all aboriginal title to privately held lands (more than 95% of the claim area), and allow the tribes to litigate their claims only to 5,000 acres (20 km) owned by the state of Maine.
381:
605:
427:. When Bottomly's appeal came before the First Circuit in 1979, Maine filed an amicus brief arguing that the tribe was entitled to no such immunity. The First Circuit rejected this argument. A similar suit by Gellers—who had since been disbarred and changed his name to Tuvia Ben Shmuel Yosef—was thrown out in 1989.
1329:(1979), the First Circuit confronted a land claim by a non-federally recognized tribe in Massachusetts. This time, because the tribe sought damages rather than a declaratory judgment, the question of tribal status went to a jury. And, the First Circuit affirmed the jury's finding that the Mashpee had ceased to be a tribe.
545:
due to expire on July 18, 1972. Although Tureen's team had come up with alternate theories to overcome Maine's sovereign immunity, the well-pleaded complaint rule, and delay-based defenses, it was "clearly established" that none of those weaknesses would apply to a
Nonintercourse Act suit by the federal government.
1156:(no relation to the senator) took over negotiations for the state; soon, each side made new concessions. In March 1980, draft legislation was approved by the tribes' joint negotiating committee and ratified by an advisory referendum of the tribes' membership. This vote also permitted the inclusion of the
1267:
The settlement acts created "unique jurisdictional relationships between the State of Maine and the tribes." MICSA provided that the "Passamaquoddy Tribe, the
Penobscot Nation, and their members, and the land and natural resources owned by, or held in trust . . . shall be subject to the jurisdiction
1041:
threatened to commence the first phase of the litigation against the state for 350,000 acres (1,400 km) and $ 300 million. In August, however, Bell informed Judge
Gignoux that he would not proceed against the fourteen large private landowners. And, in September, Bell asked for a six-month delay
959:
On July 15, 1977, in a four-page memorandum to
President Carter, Gunter announced his proposed solution: $ 25 million from the federal treasury, 100,000 acres (400 km) from the disputed area to be assembled by the state and conveyed to the federal government in trust (20% of the state's holdings
741:
Before turning to the district court's rulings, we must acknowledge a certain awkwardness in deciding whether the Act encompasses the Tribe without considering at the same time whether the Act encompasses the controverted land transactions with Maine. Whether the Tribe is a tribe within the Act would
548:
Tureen recommended that the tribe argue that the entire treaty was void and ask the federal government to seek possession of the entire 1,000,000 acres (4,000 km) on their behalf. The
Passamaquoddy tribal council unanimously approved Tureen's strategy. The Passamaquoddy also had grievances about
363:
requested a meeting with Maine's governor and attorney general to discuss a land dispute related to construction by non-Indians on lands claimed by the tribe. The
Passamaquoddy representatives were kept waiting for 5 hours after their scheduled meeting time with the governor, and the attorney general
1397:
Kempers' 1989 study of the settlement is based on 35 interviews conducted with members of the
Passamaquoddy and Penobscot tribes (24 Penobscot members and 11 Passamaquoddy members) conducted between September and December 1985. According to Kempers, "here is no clear consensus on how much the tribes
777:
Having found that the trust relationship existed, the Circuit rejected the remainder of Maine's arguments on the grounds that "Congress alone has the right to determine when its guardianship shall cease." However, the Circuit noted that "we do not foreclose later consideration of whether Congress or
318:
most of the aboriginal lands at issue in the later litigation. The treaty reserved 23,000 acres (93 km) for the tribe. In 1796, the Penobscot ceded 200,000 acres (810 km) in the Penobscot River basin. In 1818, the Penobscot ceded all their remaining land, save some islands in the Penobscot
1246:
MICSA extinguished all aboriginal land title claims in Maine. In return, the Act allocated $ 81.5 million. $ 27 million was placed in trust for the Passamaquoddy and Penobscot tribes, and the remaining $ 55 million was allocated towards the tribes' purchase of up to 300,000 acres (1,200 km) of
991:
The memorandum called for 300,000 acres (1,200 km), with the additional land coming from the paper and timber companies, and a $ 25 million trust fund for the tribes. In return, the tribes would agree to the extinguishment of their aboriginal title as against all titleholders with 50,000 acres
772:
he Nonintercourse Act imposes upon the federal government a fiduciary's role with respect to protection of the lands of a tribe covered by the Act seems to us beyond question, both from the history, wording and structure of the Act and from the cases cited above and in the district court's opinion.
750:
e are not to be deemed as settling, by implication or otherwise, whether the Act affords relief from, or even extends to, the Tribe's land transactions with Maine. When and if the specific transactions are litigated, new facts and legal and equitable considerations may well appear, and Maine should
732:
Congress is not prevented from legislating as to tribes generally; and this appears to be what it has done in successive versions of the Nonintercourse Act. There is nothing in the Act to suggest that 'tribe' is to be read to exclude a bona fide tribe not otherwise federally recognized. Nor, as the
422:
agreement. Gellers, in turn, had assigned 40% of his fee to Bottomly. As the negotiations of the Maine Indian Claims Settlement Act were reaching a close in May 1978, even though neither Gellers nor Bottomly had performed any further work for the tribes, Bottomly filed suit in the District of Maine
1345:
noted that "he establishment of a trust relationship with tribes generally, however, did not guarantee the perpetual existence of any particular tribe. Plaintiff here must still prove that it was a tribe at the relevant times before it can claim the benefit of a trust relationship." And, the First
544:
Tureen's team discovered the six-year federal statute of limitations for actions by the federal government for money damages related to Indian lands, 28 U.S.C. § 2415(b)—which treated prior claims as arising on the date of its passage, July 18, 1966—a mere eighteen months before it was
504:
Tureen was critical of Gellers' strategy because it required suing in state court (which he believed would be biased against any such claim), because it limited the claim to the 6,000 acres (24 km) promised by the 1794 treaty, and because it would leave the tribes under state jurisdiction and
441:
to provide legal services to indigent clients) after his graduation in June 1969. For the remainder of the year, Tureen assisted Passamaquoddy members in "petty disputes" such as divorce and bill collection. In early 1970, Tureen began assisting the tribe in an effort to receive federal grants. In
335:
Since the beginning of this country's history, most American Indian tribes have been subject to federal authority and jurisdiction. In Maine, however, indigenous populations lived on reservations that were exclusively and completely administered by the state. This unique arrangement shaped tribal
1275:
The First Circuit has interpreted the settlement acts to limit the authority of the Maine tribes relative to other federally recognized tribes. Under the settlement acts, federal law governs only "internal tribal matters." Lawyer Nicole Friederichs argues that the "narrow interpretation of those
591:
Gershuny advised Interior to take no action, noting that "no court had ever ordered the federal government to file a lawsuit on behalf of anyone, much less a multi-million dollar lawsuit on behalf of a powerless and virtually penniless Indian tribe." While Tureen and his colleagues agreed that a
1369:" over tribal recognition. In other words, Nonintercourse Act claims by unrecognized tribes must be stayed until the BIA is given a timely opportunity to adjudicate the tribe's petition for recognition. If the BIA rejects a tribe's petition, the tribe's Nonintercourse Act claim may be barred by
845:
issue could not go forward using property within the claim area as collateral. On September 29, Governor Longley flew to Washington, and Maine's delegation introduced legislation directing the federal courts not to hear the tribe's claim; Congress adjourned before the bills could be considered.
1259:
As of August 1987, the Passamaquoddy had acquired approximately 40,000 acres (160 km) and the Penobscots approximately 150,000 acres (610 km). As of January 1987, the Passamaquoddy had acquired 115,000 acres (470 km); the Penobscot, 143,685 acres (581.47 km) (not
410:
in Boston, seeking $ 150 million in damages. This initial claim involved land in and around the Indian Township Reservation. Three days later, Maine narcotics officers raided Gellers' home and arrested him for possession of marijuana. Gellers was eventually convicted and, on bail, fled to
655:. The Secretary also argued that filing a lawsuit would damage relations between the federal government and the state of Maine. When Judge Gignoux pointed out that Maine's governor and entire Congressional delegation had called on the Secretary to bring suit, U.S. Attorney for Maine
773:
The purpose of the Act has been held to acknowledge and guarantee the Indian tribes' right of occupancy . . . and clearly there can be no meaningful guarantee without a corresponding federal duty to investigate and take such action as may be warranted in the circumstances.
868:
be sought against the landowners in the 1,250,000 acres (5,100 km) claim area populated by 350,000 people. In response, Governor Longley called on the tribes to limit their claim to the value of the land as of 1796, without interest (the valuation method used in
1036:
On April 26, Governor Longley and Attorney General Brennan finally sat down with Tureen and the tribal negotiating committee. Negotiations broke down over the issue of state taxation as well as civil and criminal jurisdiction. In response, in June, Attorney General
271:
in 1989 uncovered over 70 extant deeds documenting private purchases of land from indigenous peoples by English-speaking settlers, the earliest dating to 1639. But, most Passamaquoddy lands "remained beyond the reach of English settlers" until the mid-18th century.
2032:
528 F.2d at 375 ("Whether, even if there is a trust relationship with the Passamaquoddies, the United States has an affirmative duty to sue Maine on the Tribe's behalf is a separate issue that was not raised or decided below and which consequently we do not
2616:
Aroostook Band of Micmacs Settlement Act, Pub. L. No. 102-171, 105 Stat. 1143 (1991) (codified at 25 U.S.C. § 1721); Houlton Band of Maliseet Indians Supplementary Claims Settlement Act, Pub. L. No. 99-566, 100 Stat. 3184 (1986) (codified at 25 U.S.C.
659:(who was with Wittman at the counsel's table) declared that "he, too, wanted the government to bring suit"—causing laughter in the courtroom. After a recess, Judge Gignoux issued a preliminary order requiring the Secretary to file the lawsuit.
1062:
Although the tribes made progress in implementing the Hathaway plans with the paper and timber companies, Krulitz ceased to support the proposal when the full extent of the required federal appropriations became clear. Krulitz was replaced with
992:(200 km) or less; this would have cleared title to more than 9,000,000 acres (36,000 km), leaving only the tribe's claims against the state and fourteen private landowners such as the Great Northern Nekoosa Paper Corporation, the
455:
The Passamaquoddy tribal council fired Gellers and asked Tureen to take over. Fearing that his federally funded legal aid employer could not withstand the political pressure that the suit would inevitably provoke, in 1971, Tureen asked the
188:, the suit was "potentially the most complex litigation ever brought in the federal courts with social and economic impacts without precedent and incredible potential litigation costs to all parties." The decision led to the passage of the
1381:
In 1979, John M.R. Paterson and David Roseman—who, as Deputy and Assistant Attorneys General for the State of Maine, respectively, were involved in the litigation—published a law review article criticizing the First Circuit's
878:
184:, the First Circuit cleared the way for the Passamaquoddy and Penobscot to oblige the federal government to bring a land claim on their behalf for approximately 60% of Maine, an area populated by 350,000 non-Indians. According to the
834:, the largest landowner in the state, were unwilling to discuss a settlement. With no one to negotiate with, Tureen devoted his energy to assisting the Solicitors Office in researching the legal and historical basis of the claim.
203:
claim was "one of the first of a series of eastern Indian land claims to be prosecuted" and "the first successful suit for the return of any significant amount of land." Compared to the $ 81.5 million compensation in the
596:, they believed that, in light of the impending statute of limitations, a court might order the federal government to simply file the lawsuit as an exercise of the court's common law power to preserve its jurisdiction.
3522:
1054:
with TV advertisements criticizing Hathaway's role in the land claim. After the public announcement of a new plan negotiated by Hathaway, Cohen defeated Hathaway in a landslide, while Brennan replaced Longley in the
2696:, Penobscot Nation v. Fellencer, 164 F.3d 706 (1st Cir. 1999) (holding that the termination of tribal employees is an "internal tribal matter"); Akins v. Penobscot Nation, 130 F.3d 482 (1st Cir. 1997) (holding that
733:
district court found, is there evidence of congressional intent or legislative history squaring with appellants' interpretation. Rather we find an inclusive reading consonant with the policy and purpose of the Act.
1224:(D-ME)—who had supported the land claim as U.S. Attorney and possessed legal gravitas due to his tenure as a District Judge. Another factor affecting the final push for the settlement was the fear that, if
3482:
3447:
1239:(R-ME) introduced the settlement act in the Senate. The House passed the Maine Indian Claims Settlement Act (MICSA) on September 22, the Senate on September 23, and President Carter signed it on October 10. The
688:
Judge Gignoux's ruling was issued on January 20, 1975, eighteen months after the oral arguments concluded. Judge Gignoux ruled in the tribe's favor on the first two questions, and thus did not reach the third:
364:"smiled and wished them well if they ever took their claim to court." Soon after the meeting, pursuant to a vote of the Passamaquoddy tribal council, 75 members protested against the construction project along
402:(for example, in a state claims court), Gellers' strategy was to sue Massachusetts, hoping that Massachusetts would in turn sue Maine. On March 8, 1968, Gellers—affiliating with Massachusetts attorney
802:
The defendants did not appeal to the U.S. Supreme Court, and the time for filing such an appeal lapsed on March 22, 1976. After Judge Gignoux's decision became final, the Passamaquoddy and Penobscot gained
3011:
1247:
land. The land acquisition funds were divided such: $ 900,000 for the Houlton Maliseet; $ 26.8 million for the Passamaquoddy; and $ 26.8 million for the Penobscot. Further, the Houlton Maliseet gained
764:
he federal government's dealings with the Tribe have been few. It has never, since 1789, entered into a treaty with the Tribe, nor has Congress ever enacted any legislation mentioning the Tribe.
1390:'s restriction on land purchases from tribes was not meant to apply to land within the territory of a U.S. state. According to Paterson and Roseman, "either the district nor circuit courts in
448:, arguing that Maine's tribes should fall under federal, not state, jurisdiction. O'Toole and Tureen noted that: "There is no evidence that the treaty was 1794 was made in compliance with the
1251:(which the Passamaquoddy and Penobscot had possessed since 1976). Altogether, the Passamaquoddy, Penobscot, and Houlton tribes "received the equivalent of $ 25,000 and 275 acres per capita."
3289:
685:
The tribe amended their complaint, abandoning their request for injunctive relief and instead asking only for a declaratory judgment. Judge Gignoux allowed the state of Maine to intervene.
1260:
including the 4,841 acres (19.59 km) reservation); and the Houlton had not yet acquired any. MICSA was subsequently amended to provide additional compensation to the Houlton and the
984:, a partner at Judge Gunter's law firm. Over a period of months, the task force facilitated negotiations over a settlement that would include portions of cash, land, and BIA services. A
3487:
1132:. The tribes persuaded the U.S. Solicitor General to file a motion asking the Court to delete that language from its opinion. The Court denied the motion. Maine unsuccessfully sought
1300:, which includes the U.S. states of Maine, New Hampshire, Massachusetts, and Rhode Island, and the settlement act extinguished any further aboriginal title litigation in Maine. The
885:
concerning 5,000,000–8,000,000 acres (20,000–32,000 km) of forests (mostly owned by large forestry companies) within the claim area on June 1, unless a settlement was reached.
617:
181:
1220:
to accept President Carter's nomination for Secretary of State. Second, Governor Brennan's choice to replace Muskie (and thus inherit his predecessor's committee assignments) was
3454:
1362:
327:
in 1820 and assumed Massachusetts' obligations under these treaties. The "final big grab" happened in 1833, when Maine purchased the four townships, relegating the Penobscot to
3332:
3273:
1297:
709:
521:
150:
49:
3254:
3004:
460:(NARF) to act as co-counsel. Tureen himself would eventually move to NARF during the course of the litigation. Tureen attempted to persuade a large law firm to join the case
3035:
864:
On January 11, 1977, prior to Carter's inauguration, the Interior Department sent the Justice Department a litigation report on the merits of the claim, recommending that
516:
968:
Both the tribes and the state rejected Gunter's solution. In October 1977, Carter appointed a new three-member task force (the "White House Work Group"), consisting of
1276:
statutes makes it difficult for tribal governments to serve and protect their peoples, lands, and culture" and that the result is incompatible with the United Nations
893:
768:
However, the Circuit held that the Nonintercourse Act alone was sufficient to create the trust relationship, even in the absence of federal recognition or a treaty:
1277:
742:
best be decided, under ordinary circumstances, along with the Tribe's specific land claims, for the Act only speaks of tribes in the context of their land dealings.
560:, the Commissioner of the Bureau of Indian Affairs, asking him to initiate such a lawsuit before the July 18th deadline. In early March, Bruce sent a letter to the
3227:
2997:
515:
against the federal government. Tureen also feared that a federal court would find that it lacked subject-matter jurisdiction for an ejectment action due to the
398:
Gellers' theory was that Maine had violated the 1794 treaty by selling 6,000 acres (24 km) of land. Because Maine had made no provision for a waiver of its
1213:
3297:
1217:
633:
948:—a professor at Harvard and the former Watergate special prosecutor—joined the tribes' legal team pro bono. In response, Governor Longley hired
751:
be free in any such future litigation to defend broadly, even to the extent of arguing positions and theories which overlap considerably those treated here.
632:—two weeks after filing the complaint, at the first of two hearings—was his first ever appearance in court. Tureen relied on a provision of the
3384:
3055:
469:
235:
Indigenous populations have been present in modern-day Maine for 11,000 years, with year-round occupation for 6,000 years. Burial sites associated with an
553:
of tribal members from 1924 to 1967. Later, in April, Tureen was approached by the Penobscot whose land claim concerned 5,000,000 acres (20,000 km).
640:
represented the Secretary. Judge Gignoux gave the Secretary one week to either voluntarily file the suit or report its reasons for not doing so to him.
3517:
3364:
1212:(D-ME)—who previously seemed supportive of a settlement, but was gaining national prominence on the issue of fiscal responsibility prior to the
360:
3316:
1229:
628:
requiring the Interior Department to file suit for $ 25 billion in damages and 12.5 acres (51,000 m) of land. Tureen's appearance before Judge
561:
636:, 5 U.S.C. § 706(1), which permits a review court to "compel agency action unlawfully withheld or unreasonably delayed." Justice Department lawyer
3497:
3442:
1087:
424:
399:
142:
3399:
3154:
352:
In the 1950s, the Penobscot Nation had hired a lawyer to research the possibility of a land claim. In light of the Eisenhower administration's
38:
3020:
1160:
in the settlement. The Maine state legislature passed the Maine Implementing Act (MIA), a statute enabling the settlement, on April 3, 1980.
941:
146:
1394:
had all the available legislative history, administrative rulings, legal analysis or case law necessary to make a fully informed decision."
3246:
2789:
Mashpee Tribe v. Secretary of Interior, 820 F.2d 480, 482 (1st Cir. 1987) (Breyer, J.); Epps v. Andrus, 611 F. 2d 915, 918 (1st Cir. 1979).
1051:
423:
claiming he was entitled to a portion of any eventual settlement. On October 10, Judge Gignoux dismissed Bottomly's suit on the grounds of
778:
the Tribe should be deemed in some manner to have acquiesced in, or Congress to have ratified, the Tribe's land transactions with Maine."
192:
in 1980, allocating $ 81.5 million for the benefit of the tribes, in part to allow them to purchase lands in Maine, and extinguishing all
3354:
3219:
3183:
604:
328:
185:
3043:
2749:
1325:
1056:
831:
909:
3200:
1600:
State v. Newell, 24 A. 943 (Me. 1892); Granger v. Avery, 64 Me. 292 (1874); Penobscot Tribe of Indians v. Veazie, 58 Me. 402 (1870).
656:
609:
888:
On March 1, 1977, the Maine delegation introduced bills to extinguish all aboriginal title in Maine without compensation. Senator
505:
ineligible for federal benefits. One theory that Tureen considered in order to overcome Maine's sovereign immunity was to rely on
1157:
1312:, the Rhode Island district court noted that " task has been greatly simplified by the First Circuit's analysis of the Act in"
716:, for the unanimous panel, affirmed. Because the trust relationship was found, the First Circuit did not reach the third issue.
3492:
973:
3389:
3359:
3126:
2934:
A Reason to Revisit Maine's Indian Claims Settlement Acts: The United Nations Declaration on the Rights of Indigenous Peoples
1169:
438:
433:—who had worked as a summer law clerk for Gellers in the summer of 1967—joined the Indian Legal Services Unit of
209:
807:
in 1976, thus becoming eligible for $ 5 million/year in housing, education, health care, and other social services from the
699:
whether the United States may deny plaintiffs' request for litigation on the sole ground that there is no trust relationship
3374:
3132:
667:
280:
60:
Joint A Tribal Council of the Passamaquoddy Tribe v. Rogers C. B. Morton, Secretary, Department of the Interior, et al.
3394:
2681:
1095:
556:
On February 22, 1972, the governors of the Passamaquoddy tribes at Indian Township and Pleasant Point wrote a letter to
1005:
873:
cases), and called on Congress to pass legislation forcing the tribes to so limit their claim. Interior's memo reached
2927:
Kim Isaac Eisler, Revenge of the Pequots: How a Small Native American Tribe Created the World's Most Profitable Casino
1440:
Maine Indian Claims Settlement Act, Pub. L. No. 96-420, 94 Stat. 1785 (1980) (codified at 25 U.S.C. §§ 1721–35).
1248:
985:
804:
652:
507:
457:
372:
to defend them. While these charges were still pending, Gellers began to prepare a land claim on behalf of the tribe.
264:
3065:
2657:
Robert T. Anderson, Bethany Berger, Philip P. Frickey & Sarah Krakoff, American Indian Law: Cases and Commentary
3369:
3171:
3049:
936:
Soon after, Carter created a special White House task force to investigate the claims. Carter named retiring judge
568:, the Associate Solicitor for Indian Affairs, who said more time was needed. On mid-May, Tureen persuaded Governor
307:
to follow through on various promises made to the tribes; Congress took no action and revoked Allan's appointment.
296:
3281:
2464:
1112:
196:
in Maine. The settlement was reached "after more than a decade of enormously complex litigation and negotiation."
3435:
3114:
2914:
1261:
353:
315:
256:
1178:
791:
678:. Further, proceedings in the district court were put on hold until the First Circuit dismissed the Secretary's
255:
in 1524, but their first extended contact with Europeans would have been with a short-lived settlement built on
3120:
1358:
870:
849:
811:. Further, the Interior Department's Solicitors Office began looking into whether and how it should proceed in
808:
473:
434:
480:. The other members of the team were Robert Pelcyger of NARF and Robert Mittel of Pine Tree Legal Assistance.
1013:
3404:
2709:
2670:
A Step in the Wrong Direction for the Tribal Sovereignty of the Passamaquoddy Tribe and the Penobscot Nation
1309:
1072:
949:
925:
336:
life in Maine, and proved to be a crucial issue in the development and resolution of the tribe's land claim.
1337:
for the principle that "courts will accord substantial weight to federal recognition of a tribe." Although
564:
recommending that the tribes' request be granted. No reply was forthcoming before April 1. Tureen met with
3512:
3502:
3459:
3425:
3324:
953:
629:
625:
593:
538:
497:
407:
388:
276:
252:
169:, and established a trust relationship between those tribes and the federal government that the State of
3192:
365:
177:
565:
981:
679:
621:
573:
304:
300:
244:
240:
236:
226:
158:
1346:
Circuit has held that only tribes, and not individual Indians, may bring Nonintercourse Act claims.
1192:
1076:
977:
637:
331:. None of the land cessions occurred pursuant to a federally ratified treaty. According to Kempers:
3163:
3080:
2984:
1370:
1354:
1301:
1082:
Several legal developments occurred on the eve of the settlement. First, the First Circuit held in
1009:
993:
465:
403:
384:
341:
260:
251:
tribes, also pre-dates European contact in the region. The Passamaquoddy may have had contact with
737:
The Circuit acknowledged that its holding had great relevance to the tribe's ultimate land claim:
17:
3507:
3109:
3092:
3086:
2810:
25 C.F.R. § 83.7. The BIA's authority to promulgate these regulations derived from 25 U.S.C. § 9.
1387:
1366:
1240:
1221:
1183:
1117:
1064:
644:
572:
to issue a public statement saying that the Passamaquoddy deserved their date in court. Senators
534:
449:
154:
103:
368:, resulting in 10 arrests. Charged with disorderly conduct and trespassing, they hired attorney
303:, were allied with the colonies and fought against the British. After the war, Allan urged the
937:
827:
795:
713:
648:
569:
111:
3430:
3409:
1153:
1107:
1047:
1029:
823:
746:
However, the Circuit did not wish to foreclose the result of that potential future lawsuit:
581:
577:
550:
444:
248:
230:
193:
162:
1413:
Joint a Tribal Council of the Passamaquoddy Tribe v. Morton, 528 F.2d 370 (1st Cir. 1975).
1001:
882:
530:
500:
lawsuit on behalf of the Passamaquoddy because they were not a federally recognized tribe.
488:
419:
394:, turned down the case because he believed the litigation costs would exceed the recovery.
288:
838:
696:
whether the Act establishes a trust relationship between the United States and the Tribe;
2989:
921:
2835:
United States v. 43.47 Acres of Land, 45 F. Supp. 2d 187, 191–94 (D. Conn. 1999).
1308:
precedent. In an opinion striking all the defendants' affirmative defenses against the
1269:
1129:
889:
842:
557:
380:
107:
1024:
822:(the tribes' lawyer) tried to negotiate a cash settlement. At first Maine's governor,
3476:
2844:
Golden Hill Paugussett Tribe of Indians v. Rell, 463 F. Supp. 2d 192 (D. Conn. 2006).
1499:
1236:
1225:
1209:
1208:
Several political changes preceded the passage of the settlement act. First, Senator
1197:
1043:
997:
945:
912:
725:
512:
493:
477:
442:
1971, Tureen co-wrote an article with Francis J. O'Toole, the editor-in-chief of the
311:
292:
268:
760:
Campbell acknowledged that federal dealings with the Passamaquoddy had been sparse:
549:
the management of the tribal trust fund, tribal hunting and fishing rights, and the
3104:
2910:
1068:
1038:
969:
853:
284:
166:
1272:, and the state governments possess no jurisdiction unless granted by Congress.
956:, to represent the state. Three months of presentations to Judge Gunter ensued.
877:—the grandson of President Taft, and the head of the Justice Department's
585:
369:
299:, both the Penobscot and Passamaquoddy, having been solicited by Superintendent
2819:
Golden Hill Paugussett Tribe of Indians v. Weicker, 39 F.3d 51 (2nd Cir. 1994).
344:
had held that the Passamaquoddy were not a tribe and had no aboriginal rights.
1767:
1133:
1121:
874:
819:
430:
324:
529:
complaint was filed. Tureen also worried about the delay-related defenses of
3098:
1293:
865:
643:
At the second hearing, on June 23, the Secretary took the position that the
612:, although seated at defense counsel's table, endorsed the tribes' position.
1120:
placing the burden of proof in land claims on non-Indians did not apply to
1042:
before prosecuting the claim against the state. Meanwhile, Representative
908:
896:, denounced the legislation as "one-sided" and declined to hold hearings.
2697:
1124:
defendants (but did apply to corporate defendants); further, language in
461:
1071:—with whom Tureen had previously negotiated the settlement to the
728:
of the Act applied to "any tribe," whether federally recognized or not:
592:
court would be hesitant to order such litigation due to the doctrine of
881:—who wrote to Judge Gignoux, declaring his intention to litigate
2956:
Out of the Woods: The Making of the Maine Indian Claims Settlement Act
1504:"A Scratch with a Bear's Paw": Anglo-Indian Land Deeds in Early Maine
1067:—assistant for intergovernmental affairs to Interior Secretary
412:
1972:
Brodeur, 1982, at 99; Kempers, 1989, at 275; Kotlowski, 2006, at 68.
1772:
State Power and the Passamaquoddy Tribe: A Gross National Hypocrisy
1102:(1979) that the state had no jurisdiction to punish on-reservation
2945:
There's Losing and Winning: Ironies of the Maine Indian Land Claim
1191:
1186:(D-ME), a former judge, was a key advocate for the settlement act.
1177:
1103:
1032:(D-ME), an ally of the tribes, was defeated in the 1978 elections.
1023:
972:, a former legislative assistant to Senator Muskie and staffer at
920:
907:
790:
693:
whether the Nonintercourse Act applies to the Passamaquoddy Tribe;
603:
487:
379:
320:
170:
310:
In 1794, Allan—now as Commissioner for the Commonwealth of
1341:
held that only Congress could terminate the trust relationship,
798:
was attorney general, and later governor, during the land claim.
2993:
1723:
Bottomly v. Passamaquoddy Tribe, 599 F.2d 1061 (1st Cir. 1979).
131:
United States court decision recognizing Native American rights
1116:(1979), the U.S. Supreme Court held that the provision of the
2265:
Brodeur, 1982, at 106–07; Eisler, 2001, at 77–78.
418:
Gellers was representing the Passamaquoddy pursuant to a 10%
3523:
United States District Court for the District of Maine cases
2659:, 253–321, 393–515, 629–707 (2d ed. 2010).
1232:, he would veto any settlement favorable toward the tribes.
1050:(D-ME)—the tribe's main ally in Congress—in the
2479:
2477:
1609:
Brodeur, 1982, at 152–53; Kempers, 1989, at 295 n.18.
1546:
Brodeur, 1982, at 82; Paterson & Roseman, 1979, at 372.
3483:
United States Court of Appeals for the First Circuit cases
3290:
County of Oneida v. Oneida Indian Nation of New York State
1732:
Yosef v. Passamaquoddy Tribe, 876 F.2d 283 (2d Cir. 1989).
138:
Joint Tribal Council of the Passamaquoddy Tribe v. Morton
32:
Joint Tribal Council of the Passamaquoddy Tribe v. Morton
2335:
Brodeur, 1982, at 112–13; Kotlowski, 2006, at 77.
2317:
Brodeur, 1982, at 109–11; Kotlowski, 2006, at 77.
2256:
Brodeur, 1982, at 108–09; Kotlowski, 2006, at 76.
2234:
Brodeur, 1982, at 105–06; Kotlowski, 2006, at 71.
314:—negotiated a treaty with the Passamaquoddy that
2710:
Narragansett Tribe of Indians v. S. R.I. Land Dev. Co.
1353:, the First Circuit rejected the Mashpee's attempt to
1128:
threatened to confine the applicability of the Act to
618:
United States District Court for the District of Maine
283:
had taken possession of all Penobscot land "below the
182:
United States District Court for the District of Maine
3333:
City of Sherrill v. Oneida Indian Nation of New York
3274:
Oneida Indian Nation of New York v. County of Oneida
1243:
funding the settlement was approved on December 12.
1075:
in Rhode Island. Tureen and Jankel—along with
710:
United States Court of Appeals for the First Circuit
522:
Oneida Indian Nation of New York v. County of Oneida
415:; the lawsuit that he started was never prosecuted.
151:
United States Court of Appeals for the First Circuit
50:
United States Court of Appeals for the First Circuit
3418:
3347:
3308:
3265:
3255:
Federal Power Commission v. Tuscarora Indian Nation
3238:
3211:
3182:
3153:
3146:
3073:
3034:
3027:
2103:, 2001, at 75; Paterson & Roseman, 1979, at 115
511:, which had permitted a land claim by the heirs of
117:
99:
94:
86:
81:
73:
65:
55:
45:
31:
2536:Brodeur, 1982, at 140; Kempers, 1989, at 296 n.23.
2514:Brodeur, 1982, at 140; Kempers, 1989, at 296 n.23.
588:(D-ME) also issued similar statements of support.
2532:Me. Rev. Stat. tit. 30, §§ 6201–14 (1979).
2112:Brodeur, 1982, at 101; Kempers, 1989, at 293 n.7.
1741:Brodeur, 1982, at 85; Kempers, 1989, at 295 n.15.
682:from Judge Gignoux's preliminary order in 1973.
472:, who had litigated many claims in front of the
2853:Paterson & Roseman, 1979, at 118–151.
1386:decision. Paterson and Roseman argued that the
1278:Declaration on the Rights of Indigenous Peoples
1086:(1979) that the Passamaquoddy were entitled to
519:, although the Supreme Court held otherwise in
3488:Aboriginal title case law in the United States
3228:United States v. Santa Fe Pacific Railroad Co.
2572:Brodeur, 1982, at 142; Kotlowski, 2006, at 80.
2308:Brodeur, 1982, at 109; Kotlowski, 2006, at 76.
2225:Brodeur, 1982, at 105; Kotlowski, 2006, at 71.
2121:Brodeur, 1982, at 101; Kotlowski, 2006, at 70.
1968:United States v. Maine, No. 1966-ND (D. Me.).
3005:
2011:Brodeur, 1982, at 100; Kempers, 1989, at 276.
1422:Brodeur, 1982, at 81; Kotlowski, 2006, at 70.
8:
1981:Brodeur, 1982, at 99; Kempers, 1989, at 275.
1636:Brodeur, 1982, at 78; Kempers, 1979, at 272.
359:In February 1964, the tribal council of the
3056:Confederation Congress Proclamation of 1783
1719:
1717:
1216:—gave up his seat as Chairman of the
525:(1974)—decided three years after the
3150:
3031:
3012:
2998:
2990:
2668:Whitney Austin Walstad, Maine v. Johnson:
319:River and four six-mile-square townships.
208:case, the financial compensation of other
37:
28:
2700:permits are an "internal tribal matter").
1588:Kempers, 1989, at 270 (footnote omitted).
361:Passamaquoddy Indian Township Reservation
3089:(1790, 1793, 1796, 1799, 1802, and 1834)
2965:John M.R. Paterson & David Roseman,
2625:
2623:
2582:
2580:
2578:
2451:State v. Dana, 404 A.2d 551 (Me. 1979).
1676:
1674:
1672:
1235:On June 12, 1980, Senators Mitchell and
620:on June 2, 1972. The tribes asked for a
3455:Federal recognition of Native Hawaiians
3443:Tribal sovereignty in the United States
2716:), 418 F. Supp. 798, 802 (D.R.I. 1976).
2429:
2427:
2425:
2379:
2377:
2375:
2373:
2345:
2343:
2341:
2050:
2048:
2019:
2017:
1989:
1987:
1707:
1705:
1703:
1701:
1699:
1554:
1552:
1406:
1200:(R-ME) co-sponsored the settlement act.
616:The tribes' complaint was filed in the
464:. Among those who turned him down were
3298:South Carolina v. Catawba Indian Tribe
2983:Text of the First Circuit decision at
2594:
2592:
2299:, 2001, at 78; Kotlowski, 2006, at 76.
2173:
2171:
1955:
1953:
1951:
1949:
1947:
1945:
1932:
1930:
1911:
1909:
1907:
1905:
1903:
1901:
1850:
1848:
1846:
1844:
1842:
1840:
1838:
1836:
1834:
1832:
1800:
1798:
1796:
1794:
1792:
1790:
1788:
1786:
1784:
1753:
1751:
1749:
1747:
1653:
1651:
1566:
1564:
1533:
1531:
1529:
1527:
1525:
1464:
1462:
1460:
1458:
1448:
1446:
674:was stayed, pending the resolution of
470:Frank, Harris, Shriver & Kampelman
141:, 528 F.2d 370 (1st Cir. 1975), was a
3317:Idaho v. Coeur d'Alene Tribe of Idaho
3021:Aboriginal title in the United States
2862:Paterson & Roseman, 1979, at 152.
2492:Maine v. Dana, 444 U.S. 1098 (1980).
1579:Paterson & Roseman, 1979, at 116.
1558:Paterson & Roseman, 1979, at 372.
1486:
1484:
1482:
1480:
1478:
1476:
1474:
1431:Paterson & Roseman, 1979, at 115.
892:(D-SD), the Chairman of the Senate's
841:opined that the state's $ 27 million
147:aboriginal title in the United States
7:
3247:Tee-Hit-Ton Indians v. United States
275:A few years prior to the end of the
3448:List of federally recognized tribes
3220:Seneca Nation of Indians v. Christy
2756:, 427 F. Supp. 899 (D. Mass. 1977).
2072:528 F.2d at 379 (citation omitted).
2042:528 F.2d at 377 (footnote omitted).
1046:(R-ME) was running against Senator
988:was signed in early February 1978.
879:Land and Natural Resources Division
837:In September 1976, Boston law firm
720:Applicability of Nonintercourse Act
239:culture date back 5,000 years. The
3044:Charter of Freedoms and Exemptions
2750:Mashpee Tribe v. New Seabury Corp.
1326:Mashpee Tribe v. New Seabury Corp.
1164:Maine Indian Claims Settlement Act
832:Great Northern Nekoosa Corporation
190:Maine Indian Claims Settlement Act
25:
18:Maine Indian Claims Settlement Act
3201:New York ex rel. Cutler v. Dibble
1304:were an early beneficiary of the
1006:Diamond International Corporation
662:The Secretary filed a suit—
3518:Native American history of Maine
3064:
2960:Am. Indian Culture & Res. J.
2752:, 592 F.2d 575 (1st Cir. 1979).
2243:Brodeur, 1982, at 108–09;
2212:Brodeur, 1982, at 104–05;
2186:Brodeur, 1982, at 103–04;
2152:Brodeur, 1982, at 102–03;
1158:Houlton Band of Maliseet Indians
724:The First Circuit held that the
647:did apply to the Maine (and the
267:in 1604–1605. Research by
2898:Kempers, 1989, at 267–68.
2545:Brodeur, 1982, at 140–42.
2483:Brodeur, 1982, at 137–38.
2471:Brodeur, 1982, at 135–37.
2455:Brodeur, 1982, at 132–35.
2442:Brodeur, 1982, at 124–27.
2419:Brodeur, 1982, at 121–24.
2401:Brodeur, 1982, at 118–20.
2349:Brodeur, 1982, at 113–14.
2286:Brodeur, 1982, at 108–09.
1365:has held that the BIA retains "
1084:Bottomly v. Passamaquoddy Tribe
756:Existence of trust relationship
708:The defendants appealed to the
651:), but that it only applied to
3498:1975 in United States case law
3127:Indian Land Claims Settlements
1826:Brodeur, 1982, at 86–95.
1666:Brodeur, 1982, at 82–85.
1519:Brodeur, 1982, at 81–82.
1173:
1170:Indian Land Claims Settlements
1152:Maine's new attorney general,
1091:
980:, the Interior Solicitor, and
915:joined the tribes' legal team.
903:
787:During the Ford Administration
712:. On December 23, 1973, Judge
439:Office of Economic Opportunity
340:In the late 19th century, the
210:Indian Land Claims Settlements
90:388 F. Supp. 649 (D. Me. 1975)
1:
3133:Indian Claims Limitations Act
281:Province of Massachusetts Bay
3282:Wilson v. Omaha Indian Tribe
3121:Indian Claims Commission Act
2682:Indian Gaming Regulatory Act
2465:Wilson v. Omaha Indian Tribe
1113:Wilson v. Omaha Indian Tribe
1096:Maine Supreme Judicial Court
826:, Maine's attorney general,
634:Administrative Procedure Act
212:has been "inconsequential."
77:528 F.2d 370 (1st Cir. 1975)
2871:Kempers, 1989, at 294 n.12.
2496:Brodeur, 1982, at 138, 140.
1618:Kempers, 1989, at 295 n.18.
1570:Kempers, 1989, at 294 n.10.
1002:Georgia-Pacific Corporation
994:International Paper Company
986:memorandum of understanding
653:federally recognized tribes
580:(D-ME) and Representatives
517:well-pleaded complaint rule
508:United States v. Lee (1882)
458:Native American Rights Fund
265:Pierre Dugua, Sieur de Mons
165:, non-federally-recognized
3539:
3172:Cherokee Nation v. Georgia
3050:Royal Proclamation of 1763
2916:Annals of Law: Restitution
2831:, 39 F.3d at 60–61.
2629:Friederichs, 2011, at 498.
2607:Kempers, 1989, at 293 n.7.
2598:Kempers, 1989, at 292 n.3.
2523:Kempers, 1989, at 292 n.1.
1230:1980 presidential election
1167:
944:, to mediate the dispute.
600:District of Maine decision
562:Department of the Interior
492:Secretary of the Interior
224:
3062:
2969:Passamaquoddy v. Morton,
2090:528 F.2d at 380–81.
1766:Francis J. O'Toole &
1262:Aroostook Band of Micmacs
1088:tribal sovereign immunity
998:Boise Cascade Corporation
850:Bradley H. Patterson, Jr.
668:series of such extensions
425:tribal sovereign immunity
354:Indian termination policy
122:
36:
1359:Bureau of Indian Affairs
942:Supreme Court of Georgia
894:Indian Affairs Committee
871:Indian Claims Commission
809:Bureau of Indian Affairs
594:prosecutorial discretion
474:Indian Claims Commission
435:Pine Tree Legal Services
3052:(British North America)
2923:, Oct. 11, 1982, at 76.
2638:25 U.S.C. § 1725(b)(1).
2467:, 442 U.S. 653 (1979).
2295:Brodeur, 1982, at 109;
2199:Brodeur, 1982, at 104;
2177:Kotlowski, 2006, at 74.
2156:, 2001, at 76–77.
2130:Brodeur, 1982, at 102;
2099:Brodeur, 1982, at 101;
1866:, 2001, at 68–71.
1817:, 2001, at 71–72.
1684:, 2001, at 68–71.
1392:Passamaquoddy v. Morton
1310:Narragansett land claim
1218:Senate Budget Committee
1214:1980 Democratic primary
1106:because of the federal
1073:Narragansett land claim
1014:St. Regis Paper Company
954:Williams & Connolly
952:, the named partner of
950:Edward Bennett Williams
926:Edward Bennett Williams
782:Settlement negotiations
676:Passamaquoddy v. Morton
406:—filed a suit in
387:, the architect of the
3493:Legal history of Maine
3460:Legal status of Hawaii
3426:Indigenous land rights
3325:Idaho v. United States
2889:Kempers, 1989, at 287.
2880:Kempers, 1989, at 271.
2829:Golden Hill Paugussett
2780:, 592 F.2d at 586 n.6.
2740:, 418 F. Supp. at 808.
2728:, 418 F. Supp. at 804.
2586:Brodeur, 1982, at 144.
2563:Kempers, 1989, at 284.
2554:Brodeur, 1982, at 142.
2505:Brodeur, 1982, at 139.
2433:Brodeur, 1982, at 124.
2410:Brodeur, 1982, at 121.
2392:Brodeur, 1982, at 118.
2383:Brodeur, 1982, at 116.
2367:Brodeur, 1982, at 114.
2358:Brodeur, 1982, at 113.
2326:Brodeur, 1982, at 112.
2165:Brodeur, 1982, at 103.
2143:Brodeur, 1982, at 102.
2023:Brodeur, 1982, at 101.
2002:Brodeur, 1982, at 100.
1924:Kempers, 1989, at 275.
1888:Brodeur, 1982, at 96.
1875:Brodeur, 1982, at 99;
1813:Brodeur, 1972, at 86;
1711:Brodeur, 1982, at 130.
1693:Kempers, 1989, at 270.
1680:Brodeur, 1982, at 85;
1627:Kempers, 1979, at 272.
1468:Kempers, 1989, at 290.
1452:Kempers, 1989, at 267.
1201:
1187:
1148:Maine Implementing Act
1057:gubernatorial election
1033:
929:
916:
813:United States v. Maine
799:
672:United States v. Maine
664:United States v. Maine
630:Edward Thaxter Gignoux
626:preliminary injunction
613:
539:statute of limitations
501:
496:refused to initiate a
408:Suffolk Superior Court
395:
389:Black Hills Land Claim
277:French and Indian Wars
253:Giovanni da Verrazzano
3193:Fellows v. Blacksmith
3046:(1629 New Netherland)
1959:Brodeur, 1982, at 99.
1915:Brodeur, 1982, at 96.
1854:Brodeur, 1982, at 95.
1804:Brodeur, 1982, at 86.
1757:Brodeur, 1982, at 85.
1657:Brodeur, 1982, at 79.
1645:Brodeur, 1982, at 78.
1537:Brodeur, 1982, at 82.
1490:Brodeur, 1982, at 81.
1195:
1181:
1168:Further information:
1027:
924:
911:
794:
704:First Circuit opinion
607:
491:
383:
243:, which included the
225:Further information:
186:Department of Justice
178:declaratory judgement
173:could not terminate.
2932:Nicole Friederichs,
1367:primary jurisdiction
680:interlocutory appeal
622:declaratory judgment
574:Margaret Chase Smith
484:Prelude and petition
305:Continental Congress
241:Wabanaki Confederacy
227:Passamaquoddy people
3164:Johnson v. McIntosh
3081:Northwest Ordinance
2954:Dean J. Kotlowski,
2929:63–81 (2002).
2647:30 M.R.S.A. § 6204.
1371:collateral estoppel
1355:stay the litigation
1249:federal recognition
1010:Scott Paper Company
805:federal recognition
478:Hogan & Hartson
466:Arthur Lazarus, Jr.
450:Non-Intercourse Act
385:Arthur Lazarus, Jr.
342:Maine Supreme Court
261:Samuel de Champlain
237:Algonquian-speaking
3115:Reorganization Act
3110:Curtis Act of 1898
3087:Nonintercourse Act
2971:31 Me. L. Rev. 115
2967:A Reexamination of
2938:Am. Indian L. Rev.
2801:, 592 F.2d at 581.
2768:, 592 F.2d at 582.
2674:Am. Indian L. Rev.
1388:Nonintercourse Act
1241:appropriation bill
1202:
1188:
1118:Nonintercourse Act
1034:
1020:Final negotiations
930:
917:
800:
645:Nonintercourse Act
614:
535:adverse possession
502:
498:Nonintercourse Act
400:sovereign immunity
396:
291:(near present-day
155:Nonintercourse Act
104:Frank Morey Coffin
3470:
3469:
3343:
3342:
3142:
3141:
1206:
1205:
964:Second task force
938:William B. Gunter
934:
933:
714:Levin H. Campbell
297:Revolutionary War
143:landmark decision
127:
126:
112:Levin H. Campbell
16:(Redirected from
3530:
3431:Aboriginal title
3151:
3068:
3032:
3014:
3007:
3000:
2991:
2972:
2961:
2950:
2943:Margot Kempers,
2939:
2928:
2922:
2899:
2896:
2890:
2887:
2881:
2878:
2872:
2869:
2863:
2860:
2854:
2851:
2845:
2842:
2836:
2826:
2820:
2817:
2811:
2808:
2802:
2796:
2790:
2787:
2781:
2775:
2769:
2763:
2757:
2747:
2741:
2735:
2729:
2723:
2717:
2707:
2701:
2691:
2685:
2675:
2666:
2660:
2658:
2654:
2648:
2645:
2639:
2636:
2630:
2627:
2618:
2614:
2608:
2605:
2599:
2596:
2587:
2584:
2573:
2570:
2564:
2561:
2555:
2552:
2546:
2543:
2537:
2530:
2524:
2521:
2515:
2512:
2506:
2503:
2497:
2490:
2484:
2481:
2472:
2462:
2456:
2449:
2443:
2440:
2434:
2431:
2420:
2417:
2411:
2408:
2402:
2399:
2393:
2390:
2384:
2381:
2368:
2365:
2359:
2356:
2350:
2347:
2336:
2333:
2327:
2324:
2318:
2315:
2309:
2306:
2300:
2298:
2293:
2287:
2284:
2278:
2276:
2272:
2266:
2263:
2257:
2254:
2248:
2246:
2241:
2235:
2232:
2226:
2223:
2217:
2215:
2210:
2204:
2202:
2197:
2191:
2189:
2184:
2178:
2175:
2166:
2163:
2157:
2155:
2150:
2144:
2141:
2135:
2133:
2128:
2122:
2119:
2113:
2110:
2104:
2102:
2097:
2091:
2088:
2082:
2081:528 F.2d at 380.
2079:
2073:
2070:
2064:
2063:528 F.2d at 374.
2061:
2055:
2054:528 F.2d at 376.
2052:
2043:
2040:
2034:
2030:
2024:
2021:
2012:
2009:
2003:
2000:
1994:
1993:528 F.2d at 373.
1991:
1982:
1979:
1973:
1966:
1960:
1957:
1940:
1938:
1934:
1925:
1922:
1916:
1913:
1896:
1894:
1886:
1880:
1878:
1873:
1867:
1865:
1861:
1855:
1852:
1827:
1824:
1818:
1816:
1811:
1805:
1802:
1779:
1777:
1768:Thomas N. Tureen
1764:
1758:
1755:
1742:
1739:
1733:
1730:
1724:
1721:
1712:
1709:
1694:
1691:
1685:
1683:
1678:
1667:
1664:
1658:
1655:
1646:
1643:
1637:
1634:
1628:
1625:
1619:
1616:
1610:
1607:
1601:
1595:
1589:
1586:
1580:
1577:
1571:
1568:
1559:
1556:
1547:
1544:
1538:
1535:
1520:
1517:
1511:
1510:235, 236 (1989).
1509:
1500:Emerson W. Baker
1497:
1491:
1488:
1469:
1466:
1453:
1450:
1441:
1438:
1432:
1429:
1423:
1420:
1414:
1411:
1174:
1154:Richard S. Cohen
1140:on the basis of
1108:Major Crimes Act
1048:William Hathaway
1030:William Hathaway
928:, Maine's lawyer
904:
900:First task force
839:Ropes & Gray
824:James B. Longley
582:William Hathaway
578:Edmund S. Muskie
566:William Gershuny
551:disfranchisement
445:Maine Law Review
285:head of the tide
231:Penobscot people
221:The transactions
194:aboriginal title
95:Court membership
41:
29:
21:
3538:
3537:
3533:
3532:
3531:
3529:
3528:
3527:
3473:
3472:
3471:
3466:
3414:
3339:
3309:Rehnquist Court
3304:
3261:
3234:
3212:1890—1950
3207:
3178:
3138:
3069:
3060:
3023:
3018:
2980:
2970:
2959:
2948:
2937:
2926:
2920:
2907:
2902:
2897:
2893:
2888:
2884:
2879:
2875:
2870:
2866:
2861:
2857:
2852:
2848:
2843:
2839:
2827:
2823:
2818:
2814:
2809:
2805:
2797:
2793:
2788:
2784:
2776:
2772:
2764:
2760:
2748:
2744:
2736:
2732:
2724:
2720:
2708:
2704:
2692:
2688:
2673:
2667:
2663:
2656:
2655:
2651:
2646:
2642:
2637:
2633:
2628:
2621:
2615:
2611:
2606:
2602:
2597:
2590:
2585:
2576:
2571:
2567:
2562:
2558:
2553:
2549:
2544:
2540:
2531:
2527:
2522:
2518:
2513:
2509:
2504:
2500:
2491:
2487:
2482:
2475:
2463:
2459:
2450:
2446:
2441:
2437:
2432:
2423:
2418:
2414:
2409:
2405:
2400:
2396:
2391:
2387:
2382:
2371:
2366:
2362:
2357:
2353:
2348:
2339:
2334:
2330:
2325:
2321:
2316:
2312:
2307:
2303:
2296:
2294:
2290:
2285:
2281:
2274:
2273:
2269:
2264:
2260:
2255:
2251:
2244:
2242:
2238:
2233:
2229:
2224:
2220:
2213:
2211:
2207:
2200:
2198:
2194:
2187:
2185:
2181:
2176:
2169:
2164:
2160:
2153:
2151:
2147:
2142:
2138:
2131:
2129:
2125:
2120:
2116:
2111:
2107:
2100:
2098:
2094:
2089:
2085:
2080:
2076:
2071:
2067:
2062:
2058:
2053:
2046:
2041:
2037:
2031:
2027:
2022:
2015:
2010:
2006:
2001:
1997:
1992:
1985:
1980:
1976:
1967:
1963:
1958:
1943:
1936:
1935:
1928:
1923:
1919:
1914:
1899:
1892:
1887:
1883:
1876:
1874:
1870:
1863:
1862:
1858:
1853:
1830:
1825:
1821:
1814:
1812:
1808:
1803:
1782:
1775:
1765:
1761:
1756:
1745:
1740:
1736:
1731:
1727:
1722:
1715:
1710:
1697:
1692:
1688:
1681:
1679:
1670:
1665:
1661:
1656:
1649:
1644:
1640:
1635:
1631:
1626:
1622:
1617:
1613:
1608:
1604:
1596:
1592:
1587:
1583:
1578:
1574:
1569:
1562:
1557:
1550:
1545:
1541:
1536:
1523:
1518:
1514:
1507:
1498:
1494:
1489:
1472:
1467:
1456:
1451:
1444:
1439:
1435:
1430:
1426:
1421:
1417:
1412:
1408:
1404:
1379:
1286:
1257:
1222:George Mitchell
1184:George Mitchell
1172:
1166:
1150:
1094:). Second, the
1022:
982:A. Stevens Clay
966:
940:, of the state
902:
862:
789:
784:
758:
722:
706:
649:original states
602:
486:
437:(funded by the
420:contingency fee
378:
350:
289:Penobscot River
233:
223:
218:
176:By upholding a
157:applied to the
132:
23:
22:
15:
12:
11:
5:
3536:
3534:
3526:
3525:
3520:
3515:
3510:
3505:
3500:
3495:
3490:
3485:
3475:
3474:
3468:
3467:
3465:
3464:
3463:
3462:
3452:
3451:
3450:
3440:
3439:
3438:
3428:
3422:
3420:
3416:
3415:
3413:
3412:
3407:
3402:
3397:
3392:
3387:
3382:
3377:
3372:
3367:
3362:
3357:
3351:
3349:
3345:
3344:
3341:
3340:
3338:
3337:
3329:
3321:
3312:
3310:
3306:
3305:
3303:
3302:
3294:
3286:
3278:
3269:
3267:
3263:
3262:
3260:
3259:
3251:
3242:
3240:
3236:
3235:
3233:
3232:
3224:
3215:
3213:
3209:
3208:
3206:
3205:
3197:
3188:
3186:
3180:
3179:
3177:
3176:
3168:
3159:
3157:
3155:Marshall Court
3148:
3144:
3143:
3140:
3139:
3137:
3136:
3130:
3124:
3118:
3112:
3107:
3102:
3096:
3090:
3084:
3077:
3075:
3071:
3070:
3063:
3061:
3059:
3058:
3053:
3047:
3040:
3038:
3029:
3025:
3024:
3019:
3017:
3016:
3009:
3002:
2994:
2988:
2987:
2985:Google Scholar
2979:
2978:External links
2976:
2975:
2974:
2963:
2952:
2949:Legal Stud. F.
2941:
2930:
2924:
2921:The New Yorker
2906:
2903:
2901:
2900:
2891:
2882:
2873:
2864:
2855:
2846:
2837:
2821:
2812:
2803:
2791:
2782:
2770:
2758:
2742:
2730:
2726:Narragansett I
2718:
2714:Narragansett I
2702:
2686:
2661:
2649:
2640:
2631:
2619:
2609:
2600:
2588:
2574:
2565:
2556:
2547:
2538:
2525:
2516:
2507:
2498:
2485:
2473:
2457:
2444:
2435:
2421:
2412:
2403:
2394:
2385:
2369:
2360:
2351:
2337:
2328:
2319:
2310:
2301:
2288:
2279:
2277:, 2001, at 78.
2267:
2258:
2249:
2247:, 2002, at 77.
2236:
2227:
2218:
2216:, 2001, at 77.
2205:
2203:, 2001, at 76.
2192:
2190:, 2001, at 76.
2179:
2167:
2158:
2145:
2136:
2134:, 2001, at 75.
2123:
2114:
2105:
2092:
2083:
2074:
2065:
2056:
2044:
2035:
2025:
2013:
2004:
1995:
1983:
1974:
1961:
1941:
1939:, 2001, at 74.
1926:
1917:
1897:
1895:, 2001, at 75.
1881:
1879:, 2002, at 68.
1868:
1856:
1828:
1819:
1806:
1780:
1759:
1743:
1734:
1725:
1713:
1695:
1686:
1668:
1659:
1647:
1638:
1629:
1620:
1611:
1602:
1590:
1581:
1572:
1560:
1548:
1539:
1521:
1512:
1492:
1470:
1454:
1442:
1433:
1424:
1415:
1405:
1403:
1400:
1378:
1375:
1363:Second Circuit
1285:
1284:As a precedent
1282:
1270:Indian country
1256:
1253:
1204:
1203:
1189:
1165:
1162:
1149:
1146:
1130:Indian country
1077:Donald Perkins
1021:
1018:
978:Leo M. Krulitz
965:
962:
932:
931:
918:
901:
898:
890:James Abourezk
861:
858:
843:municipal bond
828:Joseph Brennan
796:Joseph Brennan
788:
785:
783:
780:
775:
774:
766:
765:
757:
754:
753:
752:
744:
743:
735:
734:
721:
718:
705:
702:
701:
700:
697:
694:
638:Dennis Wittman
608:U.S. Attorney
601:
598:
570:Kenneth Curtis
558:Louis R. Bruce
485:
482:
377:
374:
349:
346:
338:
337:
295:). During the
222:
219:
217:
214:
153:held that the
130:
125:
124:
120:
119:
115:
114:
108:Edward McEntee
101:
100:Judges sitting
97:
96:
92:
91:
88:
84:
83:
79:
78:
75:
71:
70:
67:
63:
62:
57:
56:Full case name
53:
52:
47:
43:
42:
34:
33:
24:
14:
13:
10:
9:
6:
4:
3:
2:
3535:
3524:
3521:
3519:
3516:
3514:
3513:1975 in Maine
3511:
3509:
3506:
3504:
3503:Passamaquoddy
3501:
3499:
3496:
3494:
3491:
3489:
3486:
3484:
3481:
3480:
3478:
3461:
3458:
3457:
3456:
3453:
3449:
3446:
3445:
3444:
3441:
3437:
3434:
3433:
3432:
3429:
3427:
3424:
3423:
3421:
3417:
3411:
3408:
3406:
3403:
3401:
3398:
3396:
3393:
3391:
3388:
3386:
3383:
3381:
3378:
3376:
3373:
3371:
3368:
3366:
3363:
3361:
3358:
3356:
3353:
3352:
3350:
3346:
3335:
3334:
3330:
3327:
3326:
3322:
3319:
3318:
3314:
3313:
3311:
3307:
3300:
3299:
3295:
3292:
3291:
3287:
3284:
3283:
3279:
3276:
3275:
3271:
3270:
3268:
3264:
3257:
3256:
3252:
3249:
3248:
3244:
3243:
3241:
3237:
3230:
3229:
3225:
3222:
3221:
3217:
3216:
3214:
3210:
3203:
3202:
3198:
3195:
3194:
3190:
3189:
3187:
3185:
3181:
3174:
3173:
3169:
3166:
3165:
3161:
3160:
3158:
3156:
3152:
3149:
3145:
3134:
3131:
3128:
3125:
3122:
3119:
3116:
3113:
3111:
3108:
3106:
3103:
3100:
3097:
3094:
3091:
3088:
3085:
3082:
3079:
3078:
3076:
3074:United States
3072:
3067:
3057:
3054:
3051:
3048:
3045:
3042:
3041:
3039:
3037:
3033:
3030:
3026:
3022:
3015:
3010:
3008:
3003:
3001:
2996:
2995:
2992:
2986:
2982:
2981:
2977:
2968:
2964:
2957:
2953:
2946:
2942:
2935:
2931:
2925:
2918:
2917:
2912:
2909:
2908:
2904:
2895:
2892:
2886:
2883:
2877:
2874:
2868:
2865:
2859:
2856:
2850:
2847:
2841:
2838:
2834:
2830:
2825:
2822:
2816:
2813:
2807:
2804:
2800:
2795:
2792:
2786:
2783:
2779:
2774:
2771:
2767:
2762:
2759:
2755:
2751:
2746:
2743:
2739:
2734:
2731:
2727:
2722:
2719:
2715:
2711:
2706:
2703:
2699:
2695:
2690:
2687:
2683:
2679:
2671:
2665:
2662:
2653:
2650:
2644:
2641:
2635:
2632:
2626:
2624:
2620:
2617:§ 1724).
2613:
2610:
2604:
2601:
2595:
2593:
2589:
2583:
2581:
2579:
2575:
2569:
2566:
2560:
2557:
2551:
2548:
2542:
2539:
2535:
2529:
2526:
2520:
2517:
2511:
2508:
2502:
2499:
2495:
2489:
2486:
2480:
2478:
2474:
2470:
2466:
2461:
2458:
2454:
2448:
2445:
2439:
2436:
2430:
2428:
2426:
2422:
2416:
2413:
2407:
2404:
2398:
2395:
2389:
2386:
2380:
2378:
2376:
2374:
2370:
2364:
2361:
2355:
2352:
2346:
2344:
2342:
2338:
2332:
2329:
2323:
2320:
2314:
2311:
2305:
2302:
2292:
2289:
2283:
2280:
2271:
2268:
2262:
2259:
2253:
2250:
2240:
2237:
2231:
2228:
2222:
2219:
2209:
2206:
2196:
2193:
2183:
2180:
2174:
2172:
2168:
2162:
2159:
2149:
2146:
2140:
2137:
2127:
2124:
2118:
2115:
2109:
2106:
2096:
2093:
2087:
2084:
2078:
2075:
2069:
2066:
2060:
2057:
2051:
2049:
2045:
2039:
2036:
2029:
2026:
2020:
2018:
2014:
2008:
2005:
1999:
1996:
1990:
1988:
1984:
1978:
1975:
1971:
1965:
1962:
1956:
1954:
1952:
1950:
1948:
1946:
1942:
1933:
1931:
1927:
1921:
1918:
1912:
1910:
1908:
1906:
1904:
1902:
1898:
1891:
1885:
1882:
1872:
1869:
1860:
1857:
1851:
1849:
1847:
1845:
1843:
1841:
1839:
1837:
1835:
1833:
1829:
1823:
1820:
1810:
1807:
1801:
1799:
1797:
1795:
1793:
1791:
1789:
1787:
1785:
1781:
1778:1, 38 (1971).
1773:
1769:
1763:
1760:
1754:
1752:
1750:
1748:
1744:
1738:
1735:
1729:
1726:
1720:
1718:
1714:
1708:
1706:
1704:
1702:
1700:
1696:
1690:
1687:
1677:
1675:
1673:
1669:
1663:
1660:
1654:
1652:
1648:
1642:
1639:
1633:
1630:
1624:
1621:
1615:
1612:
1606:
1603:
1599:
1594:
1591:
1585:
1582:
1576:
1573:
1567:
1565:
1561:
1555:
1553:
1549:
1543:
1540:
1534:
1532:
1530:
1528:
1526:
1522:
1516:
1513:
1505:
1501:
1496:
1493:
1487:
1485:
1483:
1481:
1479:
1477:
1475:
1471:
1465:
1463:
1461:
1459:
1455:
1449:
1447:
1443:
1437:
1434:
1428:
1425:
1419:
1416:
1410:
1407:
1401:
1399:
1395:
1393:
1389:
1385:
1384:Passamaquoddy
1376:
1374:
1372:
1368:
1364:
1360:
1356:
1352:
1347:
1344:
1340:
1339:Passamaquoddy
1336:
1335:Passamaquoddy
1332:
1328:
1327:
1321:
1319:
1318:Passamaquoddy
1315:
1314:Passamaquoddy
1311:
1307:
1306:Passamaquoddy
1303:
1302:Narragansetts
1299:
1298:First Circuit
1295:
1291:
1290:Passamaquoddy
1283:
1281:
1279:
1273:
1271:
1265:
1263:
1254:
1252:
1250:
1244:
1242:
1238:
1237:William Cohen
1233:
1231:
1227:
1226:Ronald Reagan
1223:
1219:
1215:
1211:
1210:Edmund Muskie
1199:
1198:William Cohen
1194:
1190:
1185:
1180:
1176:
1175:
1171:
1163:
1161:
1159:
1155:
1147:
1145:
1143:
1139:
1135:
1131:
1127:
1123:
1119:
1115:
1114:
1109:
1105:
1101:
1100:State v. Dana
1097:
1093:
1089:
1085:
1080:
1078:
1074:
1070:
1066:
1060:
1058:
1053:
1052:1978 election
1049:
1045:
1044:William Cohen
1040:
1031:
1026:
1019:
1017:
1015:
1011:
1007:
1003:
999:
995:
989:
987:
983:
979:
975:
971:
963:
961:
957:
955:
951:
947:
946:Archibald Cox
943:
939:
927:
923:
919:
914:
913:Archibald Cox
910:
906:
905:
899:
897:
895:
891:
886:
884:
880:
876:
872:
867:
860:Interior memo
859:
857:
855:
851:
847:
844:
840:
835:
833:
829:
825:
821:
816:
814:
810:
806:
797:
793:
786:
781:
779:
771:
770:
769:
763:
762:
761:
755:
749:
748:
747:
740:
739:
738:
731:
730:
729:
727:
726:plain meaning
719:
717:
715:
711:
703:
698:
695:
692:
691:
690:
686:
683:
681:
677:
673:
669:
665:
660:
658:
654:
650:
646:
641:
639:
635:
631:
627:
623:
619:
611:
606:
599:
597:
595:
589:
587:
583:
579:
575:
571:
567:
563:
559:
554:
552:
546:
542:
540:
536:
532:
528:
527:Passamaquoddy
524:
523:
518:
514:
513:Robert E. Lee
510:
509:
499:
495:
494:Rogers Morton
490:
483:
481:
479:
475:
471:
467:
463:
459:
453:
451:
447:
446:
440:
436:
432:
428:
426:
421:
416:
414:
409:
405:
404:John Bottomly
401:
393:
390:
386:
382:
375:
373:
371:
367:
362:
357:
355:
347:
345:
343:
334:
333:
332:
330:
329:Indian Island
326:
322:
317:
313:
312:Massachusetts
308:
306:
302:
298:
294:
290:
286:
282:
279:in 1763, the
278:
273:
270:
269:Emerson Baker
266:
262:
258:
257:Dochet Island
254:
250:
246:
245:Passamaquoddy
242:
238:
232:
228:
220:
215:
213:
211:
207:
206:Passamaquoddy
202:
201:Passamaquoddy
197:
195:
191:
187:
183:
179:
174:
172:
168:
167:Indian tribes
164:
160:
159:Passamaquoddy
156:
152:
148:
144:
140:
139:
134:
129:
121:
118:Case opinions
116:
113:
109:
105:
102:
98:
93:
89:
85:
80:
76:
72:
69:Dec. 23, 1975
68:
64:
61:
58:
54:
51:
48:
44:
40:
35:
30:
27:
19:
3436:in Australia
3405:Rhode Island
3379:
3331:
3323:
3315:
3296:
3288:
3280:
3272:
3266:Burger Court
3253:
3245:
3239:Warren Court
3226:
3218:
3199:
3191:
3170:
3162:
3105:Diminishment
3036:Colonial era
2966:
2955:
2944:
2933:
2915:
2911:Paul Brodeur
2894:
2885:
2876:
2867:
2858:
2849:
2840:
2832:
2828:
2824:
2815:
2806:
2798:
2794:
2785:
2777:
2773:
2765:
2761:
2753:
2745:
2738:Narragansett
2737:
2733:
2725:
2721:
2713:
2705:
2693:
2689:
2677:
2676:487 (2007).
2669:
2664:
2652:
2643:
2634:
2612:
2603:
2568:
2559:
2550:
2541:
2533:
2528:
2519:
2510:
2501:
2493:
2488:
2468:
2460:
2452:
2447:
2438:
2415:
2406:
2397:
2388:
2363:
2354:
2331:
2322:
2313:
2304:
2291:
2282:
2270:
2261:
2252:
2239:
2230:
2221:
2208:
2195:
2182:
2161:
2148:
2139:
2126:
2117:
2108:
2095:
2086:
2077:
2068:
2059:
2038:
2028:
2007:
1998:
1977:
1969:
1964:
1920:
1889:
1884:
1871:
1859:
1822:
1809:
1771:
1762:
1737:
1728:
1689:
1662:
1641:
1632:
1623:
1614:
1605:
1597:
1593:
1584:
1575:
1542:
1515:
1508:Ethnohistory
1503:
1495:
1436:
1427:
1418:
1409:
1396:
1391:
1383:
1380:
1350:
1348:
1342:
1338:
1334:
1330:
1324:
1322:
1317:
1313:
1305:
1296:only in the
1292:decision is
1289:
1287:
1274:
1266:
1258:
1245:
1234:
1207:
1151:
1141:
1137:
1125:
1111:
1110:. Third, in
1099:
1083:
1081:
1069:Cecil Andrus
1061:
1039:Griffin Bell
1035:
990:
970:Eliot Cutler
967:
958:
935:
887:
863:
854:Jimmy Carter
848:
836:
817:
812:
801:
776:
767:
759:
745:
736:
723:
707:
687:
684:
675:
671:
663:
661:
642:
615:
590:
555:
547:
543:
526:
520:
506:
503:
454:
443:
429:
417:
397:
391:
358:
351:
339:
309:
274:
234:
205:
200:
198:
189:
175:
137:
136:
135:
133:
128:
87:Prior action
82:Case history
59:
26:
3184:Taney Court
3129:(1978–2006)
3093:Removal Act
2951:267 (1989).
2940:497 (2011).
2033:address.").
1776:Me. L. Rev.
1065:Eric Jankel
818:Afterward,
657:Peter Mills
610:Peter Mills
586:Peter Kyros
584:(D-ME) and
576:(R-ME) and
370:Don Gellers
348:The dispute
3477:Categories
3390:New Mexico
3360:California
3147:Precedents
2962:63 (2006).
2905:References
2684:to Maine).
1377:Commentary
1357:until the
1134:certiorari
1122:U.S. state
1012:, and the
883:test cases
875:Peter Taft
830:, and the
820:Tom Tureen
431:Tom Tureen
392:(pictured)
301:John Allan
216:Background
145:regarding
3508:Penobscot
3375:Louisiana
3099:Dawes Act
2694:See, e.g.
2678:See, e.g.
1316:. Citing
1255:Aftermath
866:ejectment
376:Attorneys
325:statehood
316:alienated
287:" of the
249:Penobscot
163:Penobscot
3400:Oklahoma
3395:New York
3385:Michigan
3348:By state
3028:Statutes
2833:See also
2698:stumpage
1890:See also
1228:won the
1196:Senator
1182:Senator
1098:held in
1028:Senator
462:pro bono
123:Campbell
74:Citation
3419:Compare
3410:Vermont
3370:Indiana
2973:(1979).
2799:Mashpee
2778:Mashpee
2766:Mashpee
1351:Mashpee
1343:Mashpee
1331:Mashpee
1294:binding
366:Route 1
323:gained
180:of the
66:Decided
3365:Hawaii
3355:Alaska
3336:(2005)
3328:(2001)
3320:(1997)
3301:(1986)
3293:(1985)
3285:(1979)
3277:(1974)
3258:(1960)
3250:(1955)
3231:(1941)
3223:(1896)
3204:(1858)
3196:(1857)
3175:(1831)
3167:(1823)
3135:(1982)
3123:(1946)
3117:(1934)
3101:(1887)
3095:(1830)
3083:(1787)
2297:Eisler
2275:Eisler
2245:Eisler
2214:Eisler
2201:Eisler
2188:Eisler
2154:Eisler
2132:Eisler
2101:Eisler
1937:Eisler
1893:Eisler
1877:Eisler
1864:Eisler
1815:Eisler
1682:Eisler
1333:cited
1142:Wilson
1126:Wilson
1008:, the
1004:, the
1000:, the
996:, the
624:and a
537:, and
531:laches
413:Israel
293:Bangor
149:. The
3380:Maine
2958:, 30
2947:, 13
2936:, 35
2754:aff'g
2672:, 32
1774:, 23
1506:, 36
1402:Notes
1104:arson
1092:supra
1090:(see
321:Maine
171:Maine
46:Court
1288:The
1138:Dana
263:and
247:and
229:and
199:The
161:and
2919:,
2534:See
2494:See
2469:See
2453:See
1970:See
1598:See
1349:In
1323:In
1136:in
974:OMB
468:of
452:."
259:by
3479::
2913:,
2622:^
2591:^
2577:^
2476:^
2424:^
2372:^
2340:^
2170:^
2047:^
2016:^
1986:^
1944:^
1929:^
1900:^
1831:^
1783:^
1770:,
1746:^
1716:^
1698:^
1671:^
1650:^
1563:^
1551:^
1524:^
1502:,
1473:^
1457:^
1445:^
1373:.
1280:.
1264:.
1144:.
1059:.
976:,
856:.
815:.
670:.
541:.
533:,
110:,
106:,
3013:e
3006:t
2999:v
2712:(
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
