The Second Circuit held that the Oneida's had both a federal common law cause of action and an implied cause of action under the Nonintercourse Act of 1793 (the version that governed the 1795 transaction).
Francis J. O'Toole & Thomas N. Tureen, State Power and the Passamaquoddy Tribe: A Gross National Hypocrisy, 23 Me.
The territorial courthouse was established under the Nonintercourse Act.
Sandoval, by holding that the Nonintercourse Act applied to the Pueblo, cast a cloud over many non-Indian land titles in New Mexico.
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Previous decisions of the U.S. Supreme Court held that the Nonintercourse Act did not restrict the alienability of Pueblo peoples or lands.
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