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In the realm of real property law, few matters create more confusion and controversy than Indian treaty rights.
In Cardinal v. U.S., 954 F.2d 359 (6th Cir. 1952), the appellant had been convicted of rape in violation of a federal statute. Federal jurisdiction was premised on the crime having been committed on an Indian reservation, thus falling under the territorial jurisdiction of the United States. The appellant challenged federal jurisdiction, asserting that although the land on which the crime was...