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Native American civil rights

Native American civil rights are the civil rights of Native Americans in the United States. Because Native Americans are citoyens of Their tribal nations as well as the United States, and Those tribal nations are caractérisée under US law as “domestic dependent nations,” special relationship That Creates a Particular tension entre rights Retained via tribal sovereignty and rights That individual Natives obtained as US citizens. This status creates a negative impact on the position of the United States Government in 1924. Assorted laws and policies of the United States government, some tracing to the pre-Revolutionary colonial period, denied basic human rights-particularly in the areas of cultural expression and travel-to indigenous people. [1]


After years of unqual schooling, the National Indian Education Association (NIEA) was formed to fight for equal education for Native Americans in 1969. [2] Another right sought was media protection: advocates went all the way to the United Nations to seek laws protected the rights of their own media, and for the prosecution of those who persecuted their journalists. [3] Religious rights were a part of Native American oppression as well. Until 1935, Native American people could be imprisoned for practicing certain traditional religious beliefs. [4]In more recent times, there has been controversy around the use of Native American symbols such as for school or team mascots. Concerns are that the use of the distorted symbols Native American history and culture and often stereotype in offensive ways. [5]

Indian Civil Rights Act (1968)

With the passage of the Indian Civil Rights Act (ICRA) in 1968, also called the Indian Bill of Rights, Native Americans were guaranteed many civil rights they had been fighting for. [6] The ICRA supports the following: [7]

  • Right to free speech , press , and assembly
  • Protection from unreasonable search and seizure
  • Right of criminal defending to a speedy trial, to be advised of the charges, and to confront any opposing witnesses
  • Right to hire an attorney in a criminal case
  • Protection against self incrimination
  • Protection against cruel and unusual punishment , excessive lease, incarceration of more than one year and a fine in excess of $ 5,000 for any one offense
  • Protection from double jeopardy gold ex post facto laws
  • Right to a jury trial for offenses punishable by imprisonment
  • Equal protection under the law and due process

Other civil rights , sovereignty , fishing, and voting are still issues facing Native people today.

Religious rights

Main article: Native American religion

Religion before Euro-American contact

Indigenous religions in the Americas are diverse and complex. Religious practices range from individual prayers, rituals, and offerings to large intertribal ceremonies. Usually religious expressions were defined by one’s tribe; however, religious practices exist that span multiple tribes. Each tribal group has its own oral histories .

Precontact religion was often closely linked to the land. “The land, the environment, and a strong sense of place. Essentially everything is linked to the supernatural, which leads to a proliferation of religious practices across the continent. ” [8] These concerns include the omnipresent, invisible universal force, and” the three ‘life crises’ of birth, puberty, and death, “spiritual beings, revelations, human intercessors in the spirit world, and ceremonies that renew communities.” [8]

Religion after Euro-American contact

Over the last five centuries, “Christianity has made enormous inroads into Native society.” [9] Many religious Native Americans today voluntarily practice Christianity, both Protestantism and Roman Catholicism, or a combination of Christianity and Native religion. [9] There was both voluntary and forced conversion; however, not all embraced Christianity, nor did all members of tribes.

“Euro-American contact and interactions contributed to Indian marginality and the disruption and destruction of traditional customs and the use of psychoactive substances.” This process was noted in the 1976 Final Report to the American Indian Policy Review Commission, Task Force Eleven: Alcohol and Drug Abuse. [10]

The American Indian Religious Freedom Act was passed in 1978. It has been made available in the United States by the United States of America. [11] However , other laws provide for ceremonial use by Native American religious practitioners.

One example of Christianity’s influence on Native American religion is the prominence of the figure of Jesus Christ in peyote ceremonies of the Native American Church , [12] which is a syncretic religion.

Many indigenous religions arose in response to colonization. These include the Longhouse Religion , which arose at the end of the 18th century, and the Ghost Dance , Four Mothers Society , Indian Shaker Church , Kuksu religion , and others in the 19th century.

Suppression by European Colonists

The Native American religion was initially suppressed by the colonists who came from Europe with their own particular goals. These included “God, Gold, and Glory” [13] and this conflicted with the “Native American way of life.” From the time of Columbus’s “discovery” of America, Native American religion has been routinely suppressed by English, Spanish, and other European colonists. [14]

The Christian Europeans who made the journey to the Americas believed in Christianity the Native people. They felt it was their calling by God. Spaniards practiced Christianization in the New World using Pope Alexander VI’s papal bull, Inter caetera . allowed rulers to “bring under Their sway [non-Christian] ‘countries and islands’ Discovered by Columbus, along with ‘Their residents and habitants, and to bring’ em to the Catholic faith.” [15]

The missionaries developed “praying towns” to create “orderly Christian communities filled with model converts who were living and working under the watchful eye of a priest or pastor”. [16] Within these communities, converts to the Christian faith would be placed in a separate area from the backdrop of the tribe in order to prevent regression back to their Native beliefs. Missionaries such as John Eliot , a Puritan, and Isaac McCoy , a Baptist, the way in the spread of their beliefs within these types of towns and between the Natives. These towns led the way to the future separation of the Natives from the remainder of society in Native reservations .

Suppression during the Progressive Era

During the Progressive Era from the 1890s to the 1920s, a “quasi-theocracy” reigned in what federal policymakers called “Indian Country”; Christianity upon Native Americans “as part of the government’s civilizing project.” [17]Keeping in the vein of the colonists before them, Progressive-Era policymakers found no need to separate religious endeavors Native Americans from Native Political Policy. [18] The Native American Conversation, The Sun Dynasty.and the observance of potlatch rituals. ” [17] The Bureau of Indian Affairs (BIA), or the” Indian Office “, was also called, played a role in the Christianization of Native Americans. Their boarding schools, often staffed by missionaries, removed from the tribe and the influence of their cultures. [17]

In order to pacify Christians, “some tribal religious practitioners modified elements of their traditional practices”. [19] In the case of the Sun Dance, “a ceremony of renewal and spiritual reaffirmation”, some tribes “omit [ted] the element of self-sacrifice, reduced the number of days for the ceremony of eight to two and one or more of the ceremony’s social, rather than religious, features “. [19] In the past, tribes have moved to coincide with national US holidays.

Contemporary Native American religious issues

Established in 1918, the Native American Church “emphasizes [the] importance of monogamy, sobriety, and hard work”. [20] Today, it serves as an intertribal, multilingual network. The Native American Church has had a long struggle with the government of America due to their ancient and deeply spiritual religious practice using peyote . Peyote is a psychoactive substance that is found on a cactus and is used for healing practices and in religious ceremony. [21]The use of this subject is highly debated at the outbreaks of drug use among the psychoactive ones among Americans today. Leaders of the Native American Church argues that the use of peyote allows for a direct connection with gods and that peyote is not simply taken for its psychoactive effects. It is taken in the manner that one might take the sacraments of Christianity. [22]“Peyote is not habit forming and ‘in the controlled atmosphere of a peyote meeting it is in no way harmful'” Rather it is considered a unifying influence on the Native American life because it provides the basis for Indian friendships, rituals, social gatherings “It has been a source of healing and means of expression for a troubled people.” [23]

For years the government has been debating the subject of peyote use. In 1949, the American Medical Association found that it was suspected by the American Medical Association that it was a habit-forming drug. In 1965 , the drug was abused under the Drug Abuse Control Act in 1965. It has been possible that this practice has not taken place in the United States, but it has been used for religious practice, but it is still under the possession of the public. State laws differed from the United States government standards with states outlawing the use of peyote. [24]“By 1970, of the seventeen states That still HAD anti-peyote laws, only five Did not Provide exemptions for Indians to use peyote ritually.” These Were Amended under the pressure from the Native American Church member if the members Showed proof That They Were at least 25 percent Native American. The states laws are generally similar to those of South Dakota , which states that “when used as a sacrament in the services of the Native American Church”, peyote use is permitted. [25] In 1978 the American Indian Religious Freedom ActThere was mention of protection for peyote users, but this did not change the fact that they could still be charged. Because it is an “established religion of Many centuries’ history … not a 20th century cult nor a fad subject to extinction at a whim”, [26] it continued to be Somewhat protected under the law.


Main article: Tribal sovereignty in the United States

All Native American tribes are under the US government just as other minority groups. However, they are immigrants to the United States, Native Americans are indigenous to the American land and have sought and acquired sovereignty . [27] Native sovereignty is made by the fact that the British (in colonial times) and the American government also co-exist in the same country. [28] Furthermore, Native American “government” is not government in the western sense of authority and control, but is more like leadership over a community. [28]It is difficult to describe Native American government in a different way. As of January 2016, there are 566 federally recognized Native American tribes. [27] During the colonial period, Native American sovereignty was upheld by the negotiation of treaties between British proprietor and Native American tribes. The treaties are made between two sovereign governments, and therefore, the treaties were made under the understanding that the tribes had equal sovereignty to the sovereignty of the colonial governments. [28]

Fishing and hunting rights

Although Native Americans have consented to be forced to give up their land, the government has allotted them to the United States of America. The reserved rights doctrine is allowed for the purpose of hunt and fish, as long as they are not specifically denied in a treaty. This angered white hunters and fishers who had restrictions placed on them by the government and they protested against the Natives’ right to fish and hunt off reservations. State agencies pointed out that conservation efforts were possibly compromised by the Native Americans’ clothing; however the Supreme Court upholds the privilege with certain cases, such as United States v. Winans (1905) and Anthony c. Washington(1975), even going so far as to appropriate from the Native Americans’ right to hunt and fish on all of their old grounds whether or not they were currently privately owned. The largest amount of opposition and resentment towards Native Americans’ fishing and hunting rights at the Pacific Northwest. [29]

Traveling rights

During the 19th and early 20th centuries, the United States attempted to control Native Americans off Native reservations. Since Native Americans did not obtain US citizenship until 1924, they were considered wards of the state and were denied various basic rights, including the right to travel. [30] The Bureau of Indian Affairs (BIA) Discouraged off-reservation activities, including the right to hunt, fish, or other tribes. As a result, the BIA instituted a “pass system” designed to control movement of the Natives. This system required Natives living on reservations to get a pass from a Native agent before they could leave the reservation. [31]In addition, agents were often ordered to limit the number of passes they issued for off-reserve travel. The reasons cited for this limitation were that Natives left without requesting the Natives left without requesting passes. When this occurred, the military was frequently called to force the Natives to return their reservations. For example, in April 1863, Superintendent J. W. Huntington Perit forced 500 Native Americans to return from the Willamette Valley who had violated the pass system, and estimated that up to 300 Natives were still in the area without US authorization. [32]

Natives who traveled without permission. Natives who traveled without permission. Many complained that Native Americans have been killing game for the sport and have taken the hides. Other settlers complained that Natives overstayed their visits while booking. For example, in December 1893, Governor John E. Osborne of Wyoming wrote a letter to the BIA protesting That Natives from Fort Hall , Lemhi , Wind River , and Crow Reservationswere leaving illegally. In response, the commissioner feels a note to all Native agents stating that Natives who disobeyed the system would be arrested and punished by state officials. [33] Additional rules were also implemented at this time. For example, the Natives, names of Natives, and the route they intended to follow. [34]

In addition to these concerns, many white settlers were unhappy with the Native Americans on the railroads. For example, the Central Pacific Railroad in Nevada had granted the privileges of riding on the right and of the right of way through their reservations. [35] Other railroad lines, including the Carson and the Colorado Natives. PaiuteNatives, for example, frequently rode the trains to their traditional hunting and fishing grounds. “Paiutes would pack up their gathering sneakers and hop on the rails, take off a day or two to gather seeds, and bring them back home again, on the car roofs. farther in the hinterlands for jobs. ” [36] Angry Native Agents, Who Wanted the BIA to stop this free travel. According to one Native Agent, “The injurious effects of this freedom from restraint, and continual change of place, on the Indian, can not be overestimated.” [36]

The Native Americans, especially since many tribes, traditionally traveled to hunt, fish, and other tribes. The passage of the Indian Citizenship Act in 1924, granted to all Natives born in America. As a result, Native Americans were the United States. At the present time, Native Americans who live on their own.


In the 18th century, starting when the Constitution was created, there was a struggle to define the Native tribes’ relationship with the United States. Article 1, Section 2 of the Constitution states that they are not under the control of the United States, and therefore can not be taxed. [37] The Constitution also states that Congress has the power to “regulate trade with foreign nations,” and “with Indian tribes” as stated in Article I, Section 8. This means that the leaders of the United States time viewed Natives as somewhere in between foreign nations and American citizens. [38]

The Marshall Trilogy in 1831 helped define the state of the Cherokee nation as a distinct political society and a domestic dependent nation and one that “resembles that of a ward to a guardian”. [39] Therefore, Native Americans’ relationship to the US government was similar to that of people in the land under the control of a foreign power. [40] This definition meant that Native people did not have a right to vote. Further clarification was made when in 1856 Attorney General Caleb Cushing stated, “Indians are the subjects of the United States, and therefore are not, in the right of home-birth, citizens of the United States. [41] [40]

In 1817 the Cherokee became the first Native Americans recognized as US citizens. Under Article 8 of the 1817 Cherokee Treaty, “Upwards of 300 Cherokees (Heads of Families) in the honest simplicity of their souls, made and elected to become American citizens.” [42] [43] When the Fourteenth Amendment and the First Civil Rights Act were passed in 1866 regarding the role of African-Americans in the United States, the United States of America. The Civil Rights Act of 1866 states, “The United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States”. [44]The country at this time was not necessarily ready for Natives to become citizens. Senator Jacob Howard of Michigan commented, “I am not yet ready for a sweeping act of naturalization by all the Indian savages, wild or tame, belonging to a tribal relationship, are to become my fellow citizens and go to the polls. vote with me … ” [45] [44] This sentiment is also reflected in a debate on the Fourteenth Amendment where James Rood Doolittle of Wisconsin stated,” … all those wild Natives to be citizens of the United States, the Great Republic of the world, whose citizenship should be as proud as that of king, and whose danger is that you can degrade that citizenship. ” [46] [44]Natives at the time, their numbers would be able to overwhelm the power of the white vote. [44] As Doolittle argued, “there is a large mass of the Indian population who are clearly subject to the jurisdiction of the United States as citizens of the United States … the word” citizen, “if applied to them, would bring in all the Diggers Indians of California “. [46]

Whereas Natives were granted citizenship under the law, there were some special considerations made to grant individual Natives citizenship. This in turn gave them the right of suffrage. For example, a treaty involving the United States and the Lakota people . In 1868 Article 6 of the Treaty of Fort Laramie stated that it is possible to grant citizenship for the purpose of providing for the protection of the environment and the protection of property. [ 47] The advantage of being able to benefit from Indians under this treaty .[47]

Even for signatory Native Nations to the Fort Laramie Treaty, however, it was made clear that only a few people were citizens, it did not mean that they had to vote. In 1884, when John Elk, a native who lived in Omaha, Nebraska , he was refused a ballot. When he took the case to the Supreme Court and through the Elk v. Wilkins trial, he was ruled against under the circumstances that did not fall under the Fourteenth Amendment. [48] The Dawes Act in 1887 continued to pave the pathway for Native American citizenship. [48]The goal was for Natives to, through assimilation, “adopt the clothes of civilized life”. [49] This movement is a lot of Natives to gain citizenship. This is seen through President Theodore Roosevelt’s statement on the allotment policy in which he reported that by 1901, 60,000 Natives had already become citizens of the United States. [50] [48]

Natives to the citizenship rolls. [48] When the Native Territory (what is now Oklahoma) was abolished in 1907, all of whom were living in the Oklahoma Enabling Act . [48]

Furthermore, after World War I , any Native who had fought with honorable discharge was also considered a citizen through the Act of November 6, 1919. [51] As Native Voting States, “The underlying assumption of this fact that these particular Indians had They have become part of the larger Indian culture “. [51]

By the early 1920s, Congress was considering to make the remainder of Native Americans citizens in their embrace to “adopt Anglo culture”. [51] This finally was stated with the Indian Citizenship Act, which was created on June 2, 1924. This article was prepared for sale by the United States. This member is a member of a tribe, living on a federally recognized reservation, or practicing his or her culture. [51] However, this did not create the right to vote automatically.

There remained instances in many states that still prevented Natives from voting, even though they were citizens of the United States. For example, the attorney general of Colorado in 1936 said that they were not citizens of the state. [52] [53] Similarly, states found ways around voting in other ways. Because the Fifteenth AmendmentNative Americans were claimed to be residents of the state if they resided on reservations, self-terminating: one must first abandon their tribal ties in order to vote, : Native Americans have been incompetent and “wards of the state”, and on the lack of ability to read English. [54]

With World War II and the need for more soldiers through the draft, Congress reaffirmed Native People’s Citizenship with the Nationality Act of 1940. [55] However, when some 25,000 veterans come home after the war, lives on the line for their country, they were still not allowed to vote. [55]

In 1965, the Voting Rights Act (VRA) put an end to individual states’ claims on whether or not they were allowed to vote through a federal law. Section 2 of the VRA states that, “No voting qualification or prerequisite to voting, or standard, practice, or procedure, shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to one account of race or color vote. ” [56] Further sections describe the Measures taken if violations to this act are Discovered.

However, efforts by states and municipalities to disenfranchise Native Americans are ongoing, such that there have been about 74 cases brought by or on behalf of Natives under the VRA or the Fourteenth or Fifteenth Amendment since 1965. [57] These in the most part have proved to be successful to uphold the rights of Native Americans as citizens of the United States. Most of these cases are centered on states that have native populations, such as New Mexico, Arizona and Oklahoma.

Land rights

Main article: Aboriginal title in the United States

One of the major issues surrounding the land and the rights of the people of the United States.

A typical example of the struggle involved the Seneca Nation of New York State . On April 18, 2007, the Seneca Nation laid claim to a stretch of Interstate 90 That crosses the Cattaraugus Reservation by revoking the 1954 agreement That Granted the Interstate Highway System and New York State Thruway Authority permission to build the highway through the territory. The move was a shot at New York Governor Eliot Spitzer’s attempts to collect taxes on Seneca territory. [58] The Senecas had previously made the claim in which they had lost their claims to the state of assertion of sovereign immunity. [59]In Magistrate Heckman’s Report and Recommendation It was Noted que la State of New York Asserted icts immunity from following contre Both counts of the complaint (one count Was the challenge Regarding the state’s acquisition of Grand Island and other smaller islands in the Niagara River Reviews and another count challenging the thruway easement). The United States was permitted to intervene on behalf of the Seneca Nation and the Tonawanda Band of Seneca Indians. The United States was then directed to a complaint that “clearly states the relief sought by the United States in this action”. In this case, the United States did not seek any relief on behalf of the Seneca Nation relating to the thruway easement. By not seeking Such Relief Amended complaint icts in the United States of America permitted the action relating to the thruway easement to be subject to dismissal based on New York’s immunity from following from under the Eleventh Amendment to the United States Constitution. [60] On May 4, the Seneca Nation, Interstate 86 . [61]

See also

  • Native American Rights Fund
  • Native American reservation politics
  • Outline of United States federal Indian law and policy


  1. Jump up^ “American Indian Civic Project: 1871 to 1924- Allotment and Assimilation” . americanindiantah.com .
  2. Jump up^http://seamonkey.ed.asu.edu/~mcisaac/emc598geold97/Spring97/5/eshel5.htm
  3. Jump up^ “ProQuest – Databases, EBooks and Technology for Research” . proquest.com .
  4. Jump up^ Talbot, Steve. “Wicazo Sa Review” . p. 7-39.
  5. Jump up^ Hofmann, Sudie. “The American Indian Quarterly” . p. 156-177.
  6. Jump up^ Robert J. McCarthy, Civil Rights in Tribal Courts; The Indian Bill of Rights at 30 Years, 34 IDAHO LAW REVIEW 465 (1998).
  7. Jump up^ (Sokolow)
  8. ^ Jump up to:b Utter, Jack. American Indians: Answers to Today’s Questions . 2nd edition. Norman: University of Oklahoma Press, 2001. p. 145.
  9. ^ Jump up to:b Utter, Jack. p. 148.
  10. Jump up^ French, Laurence Armand. Addictions & Native Americans. Westport, CT: Greenwood Publishing Group, 2000. p 25.
  11. Jump up^ Enumeration of areas of conflict from Francis Paul Prucha. The Great Father: The United States Government and the American Indians, Volume 2. Lincoln: University of Nebraska Press, 1984, p. 1127
  12. Jump up^ Woodhead, Linda. Religions in the Modern World: Traditions and Transformations. New York: Routledge, 2002. p. 242.
  13. Jump up^ Sale 17
  14. Jump up^ Sale 27
  15. Jump up^ Green, Leslie C. and Plive Patricia Dickason. The Law of Nations and the New World. pg. 173
  16. Jump up^ Ronda, James P. and Axtell, James. Indian Missions. Bloomington: Indiana University Press, 1978. p.29
  17. ^ Jump up to:c Duthu, N. Bruce. American Indians and the Law . New York: Viking, 2008. p. 18.
  18. Jump up^ Hoxie, Frederick E., ed. Talking Back to Civilization: Indian Voices from the Progressive Era. Boston: Bedford. 2001. p. 66.
  19. ^ Jump up to:b Duthu, N. Bruce. ibid. p. 17.
  20. Jump up^ Hoxie, Frederick E. ibid. p. 20
  21. Jump up^ Young, William A. Quest for Harmony. Seven Bridges P, LLC, 2001. p. 313
  22. Jump up^ Bell, Catherine M.Ritual: Perspectives and Dimensions. Oxford University Press: New York, 1997. p. 113.
  23. Jump up^ Young, William A. Quest for Harmony. Seven Bridges P, LLC, 2001. p. 302
  24. Jump up^ Young, William A. Quest for Harmony. Seven Bridges P, LLC, 2001. p. 324
  25. Jump up^ The Bar, Weston. The Peyote Cult. Archon Books, 1973. p. 265
  26. Jump up^ Botsford and EchoHawk 1996, p. 132
  27. ^ Jump up to:b Wildenthal, Bryan H. Native American sovereignty on trial: a handbook with boxes, laws, and documents. Santa Barbara, California. ABC-CLIO, Inc., 2003.
  28. ^ Jump up to:c http://www.airpi.org/index.html
  29. Jump up^ Law Encyclopedia. West’s Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc.
  30. Jump up^ Heartbeat of the People: Music and Dance of the Northern Pow-Wow, Browner
  31. Jump up^ In a Barren Land: American Indian Marks Dispossession and Survival
  32. Jump up^ Indians of the Northwest Pacific, Von Aderkas
  33. Jump up^ The Northern Shoshoni, Madsen, 134
  34. Jump up^ Harvard University, US Office of Indian Affairs, 67
  35. Jump up^ As Long as the River Shall Run, Knack, 103,
  36. ^ Jump up to:b As Long as the River Shall Run, Knack, 103
  37. Jump up^ McCool, Daniel, Susan M. Olson, and Jennifer L. Robinson. Native Vote. Cambridge, England: Cambridge University Press, 2007. pg. 1
  38. Jump up^ McCool 1
  39. Jump up^ Cherokee Nation c. Georgia (1831)
  40. ^ Jump up to:b McCool 2
  41. Jump up^ Official Opinions of the General Attorneys 1856, 749-50
  42. Jump up^ William G. McLoughlin (1981). “Experiment in Cherokee Citizenship, 1817-1829” (PDF) . American Quarterly, Vol. 33, No. 1 (Spring, 1981), pp. 3-25. JSTOR 2712531 . 
  43. Jump up^ Kappler, Charles (1904). “INDIAN AFFAIRS: LAWS AND TREATIES Vol II, Treaties” . Government Printing Office . Retrieved 2012-06-22 .
  44. ^ Jump up to:d McCool 3
  45. Jump up^ Congressional Globe 1866, 2895
  46. ^ Jump up to:b Congressional Globe 1866, 2892
  47. ^ Jump up to:b McCool 5
  48. ^ Jump up to:e McCool 6
  49. Jump up^ Keyssar, Alexander. The Right to Vote. New York: Basic Books, 2000. pg. 165
  50. Jump up^ Roosevelt 1901, 6672
  51. ^ Jump up to:d McCool 7
  52. Jump up^ Cohen 1942, 158
  53. Jump up^ McCool 9
  54. Jump up^ McCool 19
  55. ^ Jump up to:b ITCA 2
  56. Jump up^ McCool 22
  57. Jump up^ McCool 45
  58. Jump up^ Buffalo News story
  59. Jump up^ http://www.upstate-citizens.org/Seneca-v-NYS-tway.pdf
  60. Jump up^ http://www.upstate-citizens.org/Tway-RR-and-Dist-Ct-decisions.pdf
  61. Jump up^ Salamanca Press article

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