Indigenous Values Initiative

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Excerpt:

  “Aboriginal interest in land generally is described as a tribe’s right to occupy the land.  It is not a property right, but “amounts to a right of occupancy which the sovereign grants and protects against the interests of third parties.”  That right, which is residual in nature, comes from the legal theory that discovery and conquest gave the conquerors the right to own the land but did not disturb the tribe’s right to occupy it. “  Id., at 1015.  (Emphasis added.)

SUGGESTED CITATION

Indigenous Values Initiative, "White v. Univ. of Cal.," Doctrine of Discovery Project (27 August 2018), https://doctrineofdiscovery.org/white-v-univ-of-cal/.

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