Oneida Indian Nation of New York State, 470 U.S. XI Federal common law Nonintercourse ActĬounty of Oneida v. Stevens, joined by Burger, White, Rehnquist Powell, joined by Blackmun, O'Connor (Parts I, II, III, IV, VI joined by Brennan, Marshall Part V joined by Burger, White, Rehnquist) Indian tribes have a federal common law cause of action, not preempted by the Nonintercourse Act, for possessory claims based upon aboriginal title such action is not barred by limitations, abatement, ratification or nonjusticiability, and due to the Eleventh Amendment, there is no ancillary jurisdiction for counties' cross-claims against a state.Ĭhief Justice Warren E. 2002), motion for relief denied, 214 F.R.D. 927 (1973), rev'd, Oneida Indian Nation of New York v.
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