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Case Citations [i] (Fall 2025)

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                           THE AMERICAN


                             LAW INSTITUTE



                                    Fall 2025 Citations



            THE LAW OF AMERICAN INDIANS



                      CHAPTER 1.   FEDERAL-TRIBAL RELATIONS

                               American  Indian Treaty Law

§ 5. Treaties with Indian Tribes

C.A.2, 2025. Com. (h) quot. in sup. Indian tribe that was recognized under New York law filed an action
against New York environmental conservation department and its commissioner, challenging the
enforcement of state regulations that prohibited the harvesting of American glass eels on the basis that
the regulations were preempted by a 1676 treaty known as the Andros Order between the tribe and the
Royal Governor of New York. The district court granted summary judgment for department and
commissioner. This court affirmed, holding that the Andros Order was not binding federal law, and
therefore, did not preempt New York's regulations governing the harvesting of American glass eels in
New  York waters that were not on the tribe's reservation. The court cited Restatement of the Law of
American Indians § 5 in reasoning that Indian treaties like the Andros Order, which were made with
American colonies or states before the Articles of Confederation, were not treaties entitled to status
under the Supremacy Clause. Unkechaug Indian Nation v. Seggos, 126 F.4th 822, 834.
















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