Minnesota Chippewa Tribe’s Empirical Analysis
1982
Citation profile
3
cited by 3 later decisions
April 1992
most recently cited
Relationships
Applies 25 U.S.C. § 70
Relies on Strong v. United States · Lone Wolf v. Ethan a Hitchcock · Shoshone Tribe of Indians v. United States · United States v. California · Baetich v. Hobby
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If we look at the language in the court’s Osage Nation opinion, supra, which the Blackfeet court construed, the meaning of “recognized” as used by the Blackfeet court accords with this interpretation. In Osage Nation the court stated: “[w]e cannot agree with the Commission that the word ‘recognized’ was used in the sense of ‘triable.’ We believe it means that if, at the outset, a claim is not cognizable, or if at the trial it is not proved [hence allowable] and, therefore, decided favorably to petitioner under rules of law and equity, then petitioner is entitled to have it considered under the fair and honorable dealings clause.” (Emphasis supplied.) [ 119 Ct.Cl. at 670 .] Similarly, in this case, plaintiffs’ taking claim is not allowable because of the res judicata bar, but they are entitled to have the same facts, alleged to be a taking, considered under the fair and honorable dealings clause.”
1 later decision quote this exact passage“In Osage Nation ... we merely held that the appellants could plead their claim under clause (3) and also plead it in the alternative under clause (5), and if it developed at the trial that their claim was not recognized under any rule of law or equity they were entitled to have it considered under clause (5). Appellants’ claim in this case was one well recognized under established legal principles, and, hence, does not come within clause (5). (Emphasis supplied.) [ 119 F.Supp. at 168 .]”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.