Johnson v. M’Intosh, decided in 1823, dealt with so-called acquisition by discovery and conquest and the need to choose between competing claims to property ownership from divergent chains of title, consequently affecting the rights of indigenous peoples and the rules governing transfer of property in the early days of the United States. It remains a controversial and influential decision, shaping the legal framework around indigenous land rights to this day. Watch the Tribal Law & Economics Program and its panel of experts discuss the historical context and relevant issues of the case below.
Bethany Berger, Wallace Stevens Professor of Law, University of Connecticut School of Law
Moderator: Adam Crepelle, Assistant Professor of Law; Director, LEC Tribal Law & Economics Program, George Mason University Antonin Scalia Law School