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Oneida Indian Nation of New York v. County of Oneida
''Oneida Indian Nation of New York v. County of Oneida'', 414 U.S. 661 (1974), is a landmark decision concerning aboriginal title in the United States. The suit was the "first of the modern-day (American land ) claim cases to be filed in federal court."〔Vecsey & Starna, 1988, at 144.〕 By allowing such claims to proceed in federal court, ''Oneida I'' "overturned one hundred forty-three years of American law."〔Laurence M. Hauptman, ''Seneca Nation of Indians v. Christy'': A Background Story, 46 Buffalo L. Rev. 947, 947 (1998).〕
The Supreme Court held that there is federal subject-matter jurisdiction for possessory land claims brought by Indian tribes based upon aboriginal title, the Nonintercourse Act, and Indian treaties. The case re-invigorated Indian land claims in the eastern United States, especially the former Thirteen Colonies, with the hope of a federal forum for claims which had been un-litigable in state courts for 200 years.
Justice White held that jurisdiction for such suits arose both from (28 U.S.C. § 1331 )—conferring jurisdiction for cases "aris() under the Constitution, laws, or treaties of the United States"—and (28 U.S.C. § 1362 )—conferring similar jurisdiction to cases brought by Indian tribes, regardless of the amount in controversy.
The case is often referred to as ''Oneida I'' because it is the first of three times the Oneida Indian Nation reached the Supreme Court in litigating its land rights claims. It was followed by ''County of Oneida v. Oneida Indian Nation of New York State'' (Oneida II) (1985)—rejecting all of the affirmative defenses raised by the counties in the same action, and ''City of Sherrill v. Oneida Indian Nation of New York'' (Sherrill) (2005), rejecting the tribe's attempt in a later lawsuit to re-assert tribal sovereignty over parcels of land re-acquired by the tribe in fee simple.
==Background==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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