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Transcripts For CSPAN3 Chief Justice John Marshall The Cherokee Cases 20240711

But if we own the underlying title and they own an occupancy right, then doesnt that mean that were sort of like their landlord, right . Because thats the one that were familiar with. So, the landlord owns the building. You have an occupancy right to live there. And how do you get rid of tenants you dont like . Well, you change the lease terms. So, now it would be, you know, i love your dog. Hes a great dog, but you know, a 20,000 pet deposit, its not unreasonable. So, youre more than welcome to stay as long as you want to. As long as you want to, with the dog, but i need 20,000. Youre like, oh, this is terrible, im moving. You say, oh, ill miss you. Youve been great, right . And thats sort of what happens to the cherokees. What troup does is he marches into the legislature of georgia and says, look, were their landlords, and he uses that. And so, we can theyre our tenants. We can change the lease terms and you guys should do something to act on this. And thats pretty much troups contr

Transcripts For CSPAN3 Chief Justice John Marshall The Cherokee Cases 20240713

Test. Land speculators would push for recognition of title for 50 years. The purchases were in 1773 and 75. And eventually, theyd get before the Supreme Court, and what the Supreme Court did in that case was to hold the purchases invalid on the grounds that the tribes didnt own their own land. And this is the point at which, 1823, the federal government does adopt a rule about indian occupancy rights being the limit of tribal land rights. And its a construct of this case. And what the court finds is that when europeans discovered the new world, they found it in the possession of native peoples. And the question arose, who owns the discovered lands . The europeans says John Marshall for the court in johnson versus mcintosh, determined that the way it should work is as follows upon discovery, the underlying title to all discovered lands becomes the property of the discovering european sovereign. Thats the king of england, fine. If its the king of france, fine. That european sovereign own

Transcripts For CSPAN3 Chief Justice John Marshall The Cherokee Cases 20240713

Of conquest by law. That explores the subject brings us here today. As we conceptualized this symposium, lindsay has been a valuable in determining the format, in our speakers, and in our goals. We are excited to finally meet in person. As jenny mentioned, it has been 18 months of fun conferences and planning. Lindsay joined the law faculty at the university of love, italy 1997. He teaches courses in federal law, indian law, comparative and Indigenous Peoples law, constitutional law, and legal history. He serves as the faculty director of the center for the study of American Indian law and policy and the founding director of the International Human rights law clinic. He was a recipient of the david boren award i should say he was the first recipient of the david corn award. He is an elected member of the American Law Institute and the American Bar Foundation and serves as a justice on the Supreme Court of the cheyenne and the arapahoe tribes. Please join me in welcoming lindsay roberts

Transcripts For CSPAN3 Chief Justice John Marshall The Cherokee Cases 20240713

Conferences and planning. Lindsay joined the law faculty at the university of oklahoma in 1997. He teaches courses in federal law, indian law, comparative and Indigenous Peoples law, constitutional law, and legal history. He serves as the faculty director of the center for the study of American Indian law and policy and the founding director of the International Human rights law clinic. He was a recipient of the david l. Boren award i should say he was the first recipient of the david l. Boren award. He is an elected member of the American Law Institute and the American Bar Foundation and serves as a justice on the Supreme Court of the cheyenne and the arapahoe tribes. Please join me in welcoming lindsay robertson. [applause] ms. Robertson it is an absolute delight to be here. What did not get mentioned is my dads family is from charlottesville. I went to law school and did my history doctorate at the university of virginia. I am back home, in a sense. I have been a proud oklahoman for

Transcripts For CSPAN3 Chief Justice John Marshall The Cherokee Cases 20240713

Our goals. Were excited to finally meet in person. As jenny mentioned, its been about 18 months of phone conferences and planning. Lindsay joined the law faculty at the university of love, italy 1997. He teaches courses in federal law, indian law, comparative and Indigenous Peoples law, constitutional law, and legal history. He serves as the faculty director of the center for the study of American Indian law and policy, and the founding director of the International Human rights law clinic. He was a recipient of the david l. Boren award i should say he was the first recipient of the david l. Boren award. He is an elected member of the American Law Institute and the American Bar Foundation and serves as a justice on the Supreme Court of the cheyenne and the arapahoe tribes. Please join me in welcoming lindsay robertson. [applause] mr. Robertson it is an absolute delight to be here. What didnt get mentioned this is that my dads family is from charlottesville. My moms family is from the t

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