TREATIES

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Respondent Patrick Dwayne Murphy is a member of the Muscogee (Creek) Nation Indian tribe. Carpenter v. Murphy (“Carpenter”) at 7. In August 1999, Murphy murdered an acquaintance on disputed tribal land. Id. He was arrested and tried in Oklahoma state’s...

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Petitioner Clayvin Herrera is a member of the Crow Tribe of Indians and lives on the Crow Reservation in St. Xavier, Montana. Clayvin Herrera v. Wyoming at 2. In January 2014, Herrera was hunting elk on Crow Reservation. Id. Herrera and other tribal...

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Overview

International law consists of rules and principles governing the relations and dealings of nations with each other, as well as the relations between states and individuals, and relations between international organizations.

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Jus cogens, or compelling law, refers to a category of norms that govern customary international law. The Latin term is used interchangeably with the English term “peremptory norm”.

Jus cogens norms differ from other norms...

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In the mid-eighteenth century, Native American Tribes of the Pacific Northwest entered into a series of treaties whereby they relinquished territory but were guaranteed a right to off-reservation fishing. United States v. Washington, No. 13-35474, at...