Property Law Keyed to Singer
Babbitt v. Youpee
In the nineteenth century, Congress allotted communal tribal property to individual tribe members. This resulted in an extreme fractionation problem which only got worse as time went on. In 1983, Congress created the Indian Land Consolidation Act (Act) in an attempt to solve the problem. An escheat provision in the Act, Section:207, provided that certain small interests in land would revert to the tribe upon the death of the owner, but did not compensate the owner for the loss of land. Section 207 was held unconstitutional, so Congress amended the provision, which differs from the original in three ways: it looks back five years instead of one to determine the income produced from a small interest, and creates a rebuttable presumption that this income stream will continue; it permits devise of otherwise escheatable interests to persons who already own an interest in the same parcel; and it authorizes tribes to develop their own codes governing the disposition of fractional interests. William Youpee, a Native American, devised his land to Respondents. The Department of Interior (Plaintiff) found that the interest in land fell under the amended Section: 207 and so should revert the tribe. Respondents claim the amended section violates the Just Compensation Clause of the Fifth Amendment.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.