doctrine of discovery in U.S. law
E838790
The doctrine of discovery in U.S. law is a legal principle, rooted in European colonial-era claims and articulated in early Supreme Court decisions, that granted European-descended governments superior title to lands over Indigenous peoples and sharply limited Native land rights and sovereignty.
All labels observed (1)
| Label | Occurrences |
|---|---|
| doctrine of discovery in U.S. law canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T10059199 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: doctrine of discovery in U.S. law Context triple: [Marshall Trilogy, establishesDoctrine, doctrine of discovery in U.S. law]
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A.
Lawson Doctrine
The Lawson Doctrine is an economic policy principle associated with former UK Chancellor Nigel Lawson, emphasizing the importance of controlling inflation through monetary policy while allowing market forces greater freedom in shaping the economy.
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B.
Erie doctrine
The Erie doctrine is a fundamental U.S. legal principle requiring federal courts in diversity jurisdiction cases to apply state substantive law instead of creating or using federal general common law.
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C.
Ley de Enjuiciamiento Civil
La Ley de Enjuiciamiento Civil es la norma básica que regula el procedimiento de los juicios civiles y mercantiles en España.
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D.
Bivens doctrine
The Bivens doctrine is a judicially created legal principle that allows individuals to seek damages in federal court against U.S. federal officials for certain constitutional rights violations, despite the general barrier of sovereign immunity.
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E.
Clifford trust doctrine
The Clifford trust doctrine is a U.S. tax law principle that treats certain short-term or highly controlled trusts as effectively owned by the grantor, causing the trust’s income to be taxed to that grantor.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: doctrine of discovery in U.S. law Target entity description: The doctrine of discovery in U.S. law is a legal principle, rooted in European colonial-era claims and articulated in early Supreme Court decisions, that granted European-descended governments superior title to lands over Indigenous peoples and sharply limited Native land rights and sovereignty.
-
A.
Lawson Doctrine
The Lawson Doctrine is an economic policy principle associated with former UK Chancellor Nigel Lawson, emphasizing the importance of controlling inflation through monetary policy while allowing market forces greater freedom in shaping the economy.
-
B.
Erie doctrine
The Erie doctrine is a fundamental U.S. legal principle requiring federal courts in diversity jurisdiction cases to apply state substantive law instead of creating or using federal general common law.
-
C.
Ley de Enjuiciamiento Civil
La Ley de Enjuiciamiento Civil es la norma básica que regula el procedimiento de los juicios civiles y mercantiles en España.
-
D.
Bivens doctrine
The Bivens doctrine is a judicially created legal principle that allows individuals to seek damages in federal court against U.S. federal officials for certain constitutional rights violations, despite the general barrier of sovereign immunity.
-
E.
Clifford trust doctrine
The Clifford trust doctrine is a U.S. tax law principle that treats certain short-term or highly controlled trusts as effectively owned by the grantor, causing the trust’s income to be taxed to that grantor.
- F. None of above. chosen
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
colonial-era legal principle
ⓘ
legal doctrine ⓘ principle of federal Indian law ⓘ |
| appliesInJurisdiction | United States NERFINISHED ⓘ |
| articulatedBy | Chief Justice John Marshall NERFINISHED ⓘ |
| articulatedIn | Johnson v. M’Intosh NERFINISHED ⓘ |
| articulatedInYear | 1823 ⓘ |
| conceptuallyRelatedTo |
plenary power doctrine
ⓘ
terra nullius ⓘ trust doctrine in U.S. Indian law ⓘ |
| continuesToInfluence |
land claims litigation
ⓘ
modern federal Indian law jurisprudence ⓘ sovereignty and jurisdiction disputes ⓘ |
| coreIdea |
European Christian nations acquired superior title to lands they discovered
ⓘ
Indigenous nations could not freely sell land to private parties without federal consent ⓘ Indigenous peoples retained only limited occupancy rights ⓘ discovering sovereign held exclusive right of preemption to purchase Indigenous lands ⓘ ultimate dominion vested in the discovering sovereign ⓘ |
| criticizedBy |
Indigenous scholars
ⓘ
human rights advocates ⓘ some legal historians ⓘ |
| criticizedFor |
entrenching colonial domination
ⓘ
racial discrimination against Indigenous peoples ⓘ violating Indigenous sovereignty ⓘ |
| definesStatusOf |
Native American land titles
ⓘ
tribal property rights ⓘ |
| hasLongTermImpactOn |
federal-tribal relations
ⓘ
recognition of Indigenous sovereignty in the United States ⓘ tribal land dispossession ⓘ |
| hasOriginIn |
Christian European imperialism
ⓘ
European colonial expansion NERFINISHED ⓘ |
| historicalContext |
early 19th-century U.S. Supreme Court nation-building
ⓘ
post-Revolution adoption of British colonial legal principles ⓘ |
| influencedBy |
European international law of the Age of Discovery
NERFINISHED
ⓘ
papal bulls of the 15th century ⓘ |
| legalEffect |
concentration of ultimate title in the federal government
ⓘ
denial of full underlying title to Indigenous nations ⓘ restriction of Indigenous power to alienate land ⓘ support for federal supremacy over states and tribes in land matters ⓘ |
| limits |
Indigenous land rights
ⓘ
Indigenous sovereignty ⓘ |
| normativelyChallengedBy |
Indigenous rights movements in North America
ⓘ
United Nations Declaration on the Rights of Indigenous Peoples NERFINISHED ⓘ |
| partOf | Marshall Trilogy NERFINISHED ⓘ |
| relatedCase |
Cherokee Nation v. Georgia
NERFINISHED
ⓘ
Worcester v. Georgia NERFINISHED ⓘ |
| usedFor |
justifying U.S. territorial expansion
ⓘ
supporting federal plenary power over Indian affairs ⓘ |
How these facts were elicited
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You are a knowledge base construction expert. Given a subject entity and a description of it, return factual statements that you know for the subject as a JSON list of dictionaries(triples), where keys must be "subject", "predicate" and "object". The number of facts may be very high, between 25 to 50 or more, for very popular subjects. For less popular subjects, the number of facts can be very low, like 5 or 10. # Requirements - If you don't know the subject at all, return an empty list. - If the subject is not a named entity, return an empty list. - Include at least one triple where predicate is "instanceOf". - Do not get too wordy. - Separate several objects into multiple triples with one object.
Subject: doctrine of discovery in U.S. law Description of subject: The doctrine of discovery in U.S. law is a legal principle, rooted in European colonial-era claims and articulated in early Supreme Court decisions, that granted European-descended governments superior title to lands over Indigenous peoples and sharply limited Native land rights and sovereignty.
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.