Another reason why CSU should rename its law school - cleveland.com

The “doctrine of discovery” is enshrined in U.S. law thanks to John Marshall, and offers another reason why Cleveland State University should rename Cleveland-Marshall College of Law.

The doctrine’s U.S. legal antecedents are described by the Upstander Project on Indigenous land thusly: “In an 1823 Supreme Court case, Johnson v. McIntosh, the Doctrine of Discovery became part of U.S. federal law and was used to dispossess Native peoples of their land. In a unanimous decision, Chief Justice John Marshall writes, ‘that the principle of discovery gave European nations an absolute right to New World lands’....”

The doctrine of discovery has a long, tragic history in the United States and continues as an important precedent in land disputes. It was last cited as precedent in 2005 in City of Sherrill v. Oneida Indian Nation of New York, in a decision against the Oneida Indian Nation.

Barrick Stees,

Chagrin Falls

source: https://www.cleveland.com/letters/2022/01/another-reason-why-csu-should-rename-its-law-school.html

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