Document Type

Article

Publication Date

4-15-2011

Publication Source

Lewis & Clark Law Review

Abstract

On April 15, 2011, the Lewis & Clark Law Review hosted its Spring Symposium, entitled “The Future of International Law in Indigenous Affairs: The Doctrine of Discovery, the United Nations, and the Organization of American States.” While the Symposium participants agree that the doctrine of discovery should be rejected, they disagree on the impact of the discovery doctrine on native land rights in the United States. This Article examines the differing views of Indian title. Specifically, it contrasts the “limited owner” view of Indian title, under which Indian tribes retained nearly all of their proprietary rights, subject only to the government’s exclusive right of preemption, with the “limited possessor” view of Indian title, under which Indian tribes lost ownership of their lands by virtue of European discovery. The Article concludes that, although the “limited owner” view of Indian title is preferable to Indian nations, the Supreme Court has nonetheless adopted the “limited possessor” view. The Article further concludes that there is little downside to acknowledging that the Supreme Court has adopted the harsher “limited possessor” conception of Indian title, and that by doing so, opponents of the doctrine of discovery may be better positioned to secure its repudiation.

Inclusive pages

995-1024

ISBN/ISSN

1557-6582

Document Version

Published Version

Comments

This document has been made available for download with permission of the publisher. The Lewis & Clark Law Review can be purchased here.

Permission documentation is on file.

Publisher

Lewis & Clark Law School

Volume

15

Issue

4

Volume

15

Issue

4

Place of Publication

Portland, OR


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