By David S. Case
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Additional info for Alaska Natives and American Laws
T. S. Law, in Rethinking Indian Law 105–106 (CONAS, ed. F. Wilkinson, American Indians, Time and the Law 23–31 (1987), for a thoughtful analysis of the distinction between the diverging line of cases, one beginning with Worcester and upholding tribal constitutional separatism, and the other ending with Lone Wolf and upholding the constitutional plenary power of Congress. United States v. S. 371 (1980) (awarding $117 million in damages and interest for the congressional abrogation of the 1868 Treaty of Fort Laramie without just compensation).
A. §§ 1601 et seq. 139. Act of November 8, 1978, Pub. L. No. 95-608, 92 Stat. A. §§ 1901 et seq. 140. Act of January 14, 1982, Title II, Pub. L. No. 97-473, 96 Stat. A. A. , McClanahan v. S. 164, 172 (1973) (the limits of state power over Native governments are defined by applicable treaties and statutes). 126 (requiring specific statutory authority to impose a trust responsibility in the federal management of allotment timber). History of the Alaska Native Relationship A. Early Years (1867–1905) The federal government did not initially deal with Alaska Natives as dependent Indian communities.
VI, at 203. Chapter 1: The Federal Relationship to Alaska Natives 19 consent” before taking action that might affect them (Art. 19); the right to be secure in their own means of subsistence (Art. 20); and the right to lands and resources they have traditionally used, owned or acquired (Art. 26). States must also take appropriate measures “in consultation and cooperation” with Indigenous Peoples to achieve the ends of the Declaration (Art. 38), and nothing in the Declaration can be interpreted either to violate the UN Charter or authorize or encourage any action that would dismember or impair the territory or political unity of a sovereign state (Art.
Alaska Natives and American Laws by David S. Case