 United States v. Yellow Sun (1870) |
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In this case, a federal court in Nebraska debated the question of federal or state jurisdiction over Native Americans suspected of a crime committed outside a reservation. The court held that there were no treaty rights or congressional provisions that required federal jurisdiction, therefore states had jurisdiction over crimes committed within its boundaries unless on tribal land. They also held that because crimes committed on tribal lands were not in violation of any federal laws, the state had civil and criminal jurisdiction over tribal lands.
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| United States, ex rel. Standing Bear, v. George Crook (1879) |
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In this case, Judge Elmer S. Dundy ruled that "an Indian is a person within the meaning of the laws of the United States," and that they were entitled to the right of expatriation. Standing Bear and 29 other Ponca had left their reservation in Indian Territory without the permission of the federal government and returned to Nebraska. They were later arrested and petitioned for a writ of habeas corpus, which was granted. Judge Dundy's opinion led to the release of the Ponca petitioners.
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| Webinar - More Than a Snapshot: Will Brown's Lynching and the Violence of History (2025) |
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In this webinar, Professor Ashley Howard of the University of Iowa discusses racial violence in the Midwest with Dr. Katrina Jagodinsky and her Rights & Wrongs in American Legal History class.
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