Fort on the Origins of Equity Defenses and Indian Law Claims
Kathryn Fort, Michigan State, has posted a paper, The (In)Equities of Federal Indian Law, forthcoming in The Federal Lawyer. Here's the abstract: In 2005, the Supreme Court used the equitable defenses of laches, acquiescence and impossibility to dismiss the Oneida Indian Nation's request to remove its land from city tax roles. Later cases have extended the use of these defenses into other New York land claims. This article traces the historical origins of these three defenses, the origins of equity in England and the United States and provides some suggestions to Indian law practitioners bringing either land claims or treaty rights cases.