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2024 Michigan Topicality
T Supplement - HHRS › Intellectual Property › IP---Inviolable

Intellectual Property rights are inviolable and give owners the right to prevent others from using them

Chanda & Gupta 24 [Arnab Chanda, Assistant Professor in the Centre for Biomedical Engineering, IIT Delhi, and a joint faculty at the Department of Biomedical Engineering, AIIMS, Delhi, Shubham Gupta, Ph.D. scholar and Prime Minister Research Fellow (PMRF) in the Disease and Injury Mechanics Lab (DIML), IIT Delhi, June 27, 2024, Productivity Press, ISBN 9781003475309, Healthcare Entrepreneurship and Management: A Comprehensive Guide for Biomedical Engineers and Entrepreneurs, Chapter 17, “Introduction to Intellectual Property”, //zrubin]

Connected to IP are specific entitlements recognised as IP rights. These rights are inviolable and cannot be encroached upon by individuals lacking authorisation. IP rights bestow upon owners the authority to prevent others from replicating, imitating, or exploiting their creations [11].

2024 Michigan Topicality
T Supplement - HHRS › Intellectual Property › IP---Intangible

Intellectual property must be intangible and non-physical

Chanda & Gupta 24 [Arnab Chanda, Assistant Professor in the Centre for Biomedical Engineering, IIT Delhi, and a joint faculty at the Department of Biomedical Engineering, AIIMS, Delhi, Shubham Gupta, Ph.D. scholar and Prime Minister Research Fellow (PMRF) in the Disease and Injury Mechanics Lab (DIML), IIT Delhi, June 27, 2024, Productivity Press, ISBN 9781003475309, Healthcare Entrepreneurship and Management: A Comprehensive Guide for Biomedical Engineers and Entrepreneurs, Chapter 17, “Introduction to Intellectual Property”, //zrubin]

IP is a broad categorisation encompassing intangible assets owned and legally shielded by individuals or entities, barring external utilisation or implementation without explicit consent. An intangible asset, in this context, refers to a non-physical possession owned by a company or an individual [3]. The fundamental idea behind IP is that creations of the human intellect should be granted protective rights comparable to those safeguarding tangible assets, or physical property. Consequently, most developed economies have instituted legal frameworks to protect both tangible and intangible forms of property. IP constitutes a broad category encompassing intangible assets, devoid of any physical presence, that emanate from human intellect. This diverse array of IP includes, but is not limited to, artworks, symbols, logos, brand names, and designs.

2024 Michigan Topicality
T Supplement - HHRS › Intellectual Property › IP---Generic

Intellectual property rights are the legal ability to exclusively use copyrights, patents, and trademarks

Fisher 24 [William Weston Fisher, Professor of Law, Harvard Law School, Britanica, famous encyclopedia, “intellectual property law”, britannica.com/topic/intellectual-property-law, Last Updated: Jun 10, 2024, //zrubin]

Intellectual-property law, the legal regulations governing an individual’s or an organization’s right to control the use or dissemination of ideas or information. Various systems of legal rules exist that empower persons and organizations to exercise such control. Copyright law confers upon the creators of “original forms of expression” (e.g., books, movies, musical compositions, and works of art) exclusive rights to reproduce, adapt, and publicly perform their creations. Patent law enables the inventors of new products and processes to prevent others from making, using, or selling their inventions. Trademark law empowers the sellers of goods and services to apply distinctive words or symbols to their products and to prevent their competitors from using the same or confusingly similar insignia or phrasing.

2024 Michigan Topicality
T Supplement - HHRS › Domestic › Domestic---Includes Reservations

Domestic includes Indigenous tribes and reservations

McFeeley 03 [Mark B. McFeeley, Chief Judge, Bankruptcy Appellate Panel, Tenth Circuit (1995-09), “In re Robin Carter MAYES, also known as Robin C. Mayes, Debtor. Robin Carter Mayes, Appellant, v. Cherokee Nation, Appellee. Eastern Shoshone Tribe of the Wind River Reservation, Amicus Curiae.”, BAP No. EO-02-067, Bankruptcy No. 02-70643, United States Bankruptcy Appellate Panel of the Tenth Circuit, June 11, 2003, //zrubin] **language modified**

The word "domestic" means "pertaining, belonging, or relating to a home, a domicile, 159*159 or to the place of birth, origin, creation or transaction."[14] A government is "that form of fundamental rules and principles by which a nation or state is governed, or by which individual members of a body politic are to regulate their social actions."[15] So a domestic government would be a group within the lands of the United States that operates through some form of ruling principles. The main body of § 101(27)[16] embraces virtually every form of domestic government including, municipalities, States and their instrumentalities, and the federal government.[17] After examining the statute, the question remains: To what does the phrase following the semicolon "other . . . domestic government" refer? An important statutory maxim of interpretation requires a court to give operative effect to every word Congress used.[18] Because in § 101(27) all other forms of domestic government prior to the semicolon are enumerated, if the phrase following the semicolon is not read as referring to Indian tribes and other indigenous peoples, the phrase becomes meaningless. There are no other forms of domestic government that have not already been specified. Reading "other . . . domestic government" as referring to [Indigenous] Indian tribes is not without precedent. Historically, [Indigenous] Indian tribes have also been called "domestic dependent nations" by both the judiciary and the executive branch.[19] The Supreme Court has characterized [Indigenous] Indian tribes as "domestic dependent nations."

2024 Michigan Topicality
T Supplement - HHRS › Domestic › Domestic---Includes Extraterritorial Violations

Protection of domestic IPR includes extraterritorial violations

Phillips 24 [Gregory Alan Phillips, American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Tenth Circuit and former Wyoming Attorney General, April 23, 2024, “HETRONIC INTERNATIONAL, INC., Plaintiff-Appellee, v. HETRONIC GERMANY GMBH; HYDRONIC-STEUERSYSTEME GMBH; ABI HOLDING GMBH; ABITRON GERMANY GMBH; ABITRON AUSTRIA GMBH; ALBERT FUCHS, Defendants-Appellants.” Nos. 20-6057, 20-6100, United States Court of Appeals, Tenth Circuit, //zrubin]

The Supreme Court granted Abitron's petition. Abitron Austria GmbH v. Hetronic Int'l, Inc., 143 S. Ct. 398 (2022) (mem.). Considering the extraterritoriality of the Lanham Act for the first time since the 1950s,[1] the Court assessed whether the Lanham Act's trademark-infringement provisions apply to Abitron's foreign infringing conduct. Abitron, 600 U.S. at 415. The Court held that the provisions are not extraterritorial, but that they remain in force when a foreign entity uses an infringing mark in domestic commerce.

2024 Michigan Topicality
T Supplement - HHRS › Domestic › Domestic---Includes Extraterritorial Violations

Domestic IPR includes protection against violations that occurred outside the US

Alito 23 [Samuel Anthony Alito Jr., American jurist who serves as an associate justice of the Supreme Court of the United States, nominated to the high court by President George W. Bush, Supreme Court of United States, 143 S.Ct. 2522 (2023), “ABITRON AUSTRIA GMBH, et al., Petitioners, v. HETRONIC INTERNATIONAL, INC.”, //zrubin]

Abitron contends that § 1114(1)(a) and § 1125(a)(1) focus on preventing infringing use of trademarks, while Hetronic argues that they focus both on protecting the goodwill of mark owners and on preventing consumer confusion. The United States as a micus curiae argues that the provisions focus on only likely consumer confusion. The parties all seek support for their positions in Steele v. Bulova Watch Co., 344 U.S. 280, 73 S.Ct. 252, 97 L.Ed. 319 (1952), but that decision is of little assistance here. There, we considered a suit alleging that the defendant, through activity in both the United States and Mexico, had violated the Lanham Act by producing and selling watches stamped with a trademark that was protected in the United States. Although we allowed the claim to proceed, our analysis understandably did not follow the two-step framework that we would develop decades later. Our decision was instead narrow and factbound. It rested on the judgment that "the facts in the record ... when viewed as a whole" were 2531*2531 sufficient to rebut the presumption against extraterritoriality. Id., at 285, 73 S.Ct. 252. In reaching this conclusion, we repeatedly emphasized both that the defendant committed "essential steps" in the course of his infringing conduct in the United States and that his conduct was likely to and did cause consumer confusion in the United States.[4] Id., at 286-287, 73 S.Ct. 252; accord, e.g., id., at 286, 73 S.Ct. 252 ("His operations and their effects were not confined within the territorial limits of a foreign nation"); id., at 288, 73 S.Ct. 252 ("[P]etitioner by his `own deliberate acts, here and elsewhere, brought about forbidden results within the United States'" (alteration omitted)).

2024 Michigan Topicality
T Supplement - HHRS › Domestic › Domestic---Created in the US

Domestic means that it was created in the United States; not foreign

Hanson 06 [Samuel Lee Hanson, American lawyer and judge from the state of Minnesota, served on the Minnesota Court of Appeals from 2000 to 2002 and as an Associate Justice of the Minnesota Supreme Court from 2002 to 2008, “MANPOWER, INC., Relator, v. COMMISSIONER OF REVENUE, Respondent.”, No. A06-468, Supreme Court of Minnesota, December 7, 2006, //zrubin]

As such, the parties agree that the term "domestic entity" should be understood to mean an entity "created or organized in the United States, or under the laws of the United States or of any state" and a "foreign entity" means any entity other than a domestic entity. Minn.Stat. § 290.01, subds. 5, 5a (2004); see also I.R.C. § 7701(a)(4) (2000) ("The term `domestic' * * * means created or organized in the United States or under the law of the United States or of any state * * *."); I.R.C. § 7701(a)(5) (2000) ("The term `foreign' * * * means a corporation or partnership which is not domestic."). We agree with the parties' interpretation,

2024 Michigan Topicality
T Supplement - HHRS › Of

‘Of’ means wholly or almost wholly

Words & Phrases 5, V 29 Cumulative Annual Pocket Part, 2005, p. 287

Cust.Ct. 1969. In item of tariff schedules providing for flexible articles of polyurethane, term “of’,’ as used in such context, is ellipsis for complete phrase- “wholly or almost wholly of,” contained- in’ superior heading. Tariff Schedules, Item 770.40, 19 U.S.C.A. § 1202.—United Mineral & Chemical Corp. v. u: S., 307 F.Supp. 347.— Cust Out 17.

2024 Michigan Topicality
T Supplement - HHRS › Of

‘Of’ means whole

CJS 78 Corpus Juris Secundum, 67, p. 200

Of: The word "of" is a preposition. It is a word of different meanings, and susceptible of numerous different connotations. It may be used in its possessive sense to denote possession or ownership. It may also be used as a word of identification and relation, rather than as a word of proprietorship or possession. "Of" may denote source, origin, existence, descent, or location, or it may denote that from which something issues, proceeds, or is derived. The term may indicate the aggregate or whole of which the limited word or words denote a part, or of which a part is referred to, thought of, affected, etc.

2024 Michigan Topicality
T Supplement - HHRS › Protection › Protection---Injunctions

Patent rights provide injunctions

Skelton 83 [Byron George Skelton, Senior Judge of the United States Court of Appeals for the Federal Circuit, “SMITH INTERNATIONAL, INC., a California corporation, Plaintiff-Appellee, v. HUGHES TOOL COMPANY, a Delaware corporation, Defendant-Appellant.”, Appeal No. 83-677, United States Court of Appeals, Federal Circuit, October 6, 1983, //zrubin]

The grant of a patent is the grant of the right to invoke the state's power in order to exclude others from utilizing the patentee's discovery without his consent. Zenith Radio Corp. v. Hazeltine Research, 395 U.S. 100, 135, 89 S.Ct. 1562, 1582, 23 L.Ed.2d 129 (1969); Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225, 229, 84 S.Ct. 784, 787, 11 L.Ed.2d 661, reh. denied, 376 U.S. 973, 84 S.Ct. 1131, 12 L.Ed.2d 87 (1964); Continental Paper Bag Co. v. Eastern Paper Bag Co., 210 U.S. 405, 430, 28 S.Ct. 748, 756, 52 L.Ed. 1122 (1908). Protection of this right to exclude has been provided by Congress through 35 U.S.C. § 283, inter alia, which provides that injunctions may be granted under the principles of equity to "prevent the violation of any rights secured by patent, on such terms as the court deems reasonable." Without this injunctive power of the courts, the right to exclude granted by the patent would be diminished, and the express purpose of the Constitution and Congress, to promote the progress of the useful arts, 1578*1578 would be seriously undermined. The patent owner would lack much of the "leverage," afforded by the right to exclude, to enjoy the full value of his invention in the market place. Without the right to obtain an injunction, the right to exclude granted to the patentee would have only a fraction of the value it was intended to have, and would no longer be as great an incentive to engage in the toils of scientific and technological research.

2024 Michigan Topicality
T Supplement - HHRS › Protection › Protection---Remedies

Protection of IPR includes giving remedies to businesses

Wilkinson 23 [James Harvie Wilkinson III, American jurist who serves as a United States circuit judge on the United States Court of Appeals for the Fourth Circuit, “DMARCIAN, INC., Plaintiff-Appellee, v. DMARCIAN EUROPE BV, Defendant-Appellant. dmarcian, Inc., Plaintiff-Appellee, v. dmarcian Europe BV, Defendant-Appellant. dmarcian, Inc., Plaintiff-Appellee, v. dmarcian Europe BV, Defendant-Appellant.” No. 21-1721, No. 21-2005, No. 22-1728, United States Court of Appeals, Fourth Circuit, Decided: February 14, 2023, //zrubin]

Second, and equally important, both North Carolina and dInc have strong interests in protecting intellectual property rights. North Carolina has a "manifest interest" in offering remedies to its wronged businesses. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 473, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985). Likewise, dInc has a "substantial interest" in protecting its intellectual property after having "carved out a market niche by cultivating" anti-phishing software through considerable time and resources.

2024 Michigan Topicality
T Supplement - HHRS › Significantly › Significant---Not Exact

Significant is not an exact measurement

Sentelle 2000 [David Bryan Sentelle, Senior United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit, previously a U.S. district judge on the United States District Court for the Western District of North Carolina from 1985 to 1987, “STATE OF MICHIGAN, Michigan Department of Environmental Quality and State of West Virginia, Division of Environmental Protection, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent. New England Council, Inc., et al., Intervenors.”, Nos. 98-1497, 98-1499-98-1502, 98-1504, 98-1518, 98-1556, 98-1567, 98-1573, 98-1585, 98-1588, 98-1590, 98-1596, 98-1598, 98-1601, 98-1602, 98-1608, 98-1609, 98-1611, 98-1615-98-1619, 98-1621, 99-1070, 99-1093., United States Court of Appeals, District of Columbia Circuit, March 3, 2000, //zrubin]

The term "significant" does not in itself convey a thought that significance should be measured in only one dimension—here, in the petitioners' view, health alone. Indeed, "significant" is a very odd choice to express unidimensionality; consider the phrase "significant other." In some contexts, "significant" begs a consideration of costs. In finding a threshold requirement of "significant risk" in § 3(8) of the Occupational Health and Safety Act, 29 U.S.C. § 652(8), a plurality of the Supreme Court understood a "significant" risk as something more than a "mathematical straitjacket," and held that "[s]ome risks are plainly acceptable and others are plainly unacceptable."

2024 Michigan Topicality
T Supplement - HHRS › Significantly › Significant---Certain

Significant is certain

SMS 13 (Staff Measure Summary, April 25, 2013, Legislative History, 2013 Legis. Bill Hist. OR H.B. 2202)

Statewide Planning Goal 5 requires local governments to inventory and protect, among other natural resources, mineral and aggregate resources. In 1996, gravel companies, farmers and the state came to a compromise allowing mining on Willamette Valley agricultural land. That compromise was codified in a Land Conservation and Development Commission rule (OAR 660-023). Specifically, local governments are required to determine whether an aggregate resource site is "significant" before addi ng that site to its inventory. "Significant" is defined by certain quality and quantity determinations set by the Oregon Department of Transportation for sites in the Willamette Valley. Further restrictions are in place if more than 35 percent of the proposed mining area consists of Class I or Class II soils.

2024 Michigan Topicality
T Supplement - HHRS › Significantly › Significant---Entirety

In the context of IP Law, significant refers to close to or all of the relevant assets

Dyk 09 [Timothy Belcher Dyk, United States circuit judge of the United States Court of Appeals for the Federal Circuit, “In re SPIRITS INTERNATIONAL, N.V.”, No. 2008-1369, United States Court of Appeals, Federal Circuit, April 29, 2009, //zrubin]

Though varying linguistic formulations have been used, the wide consensus of the courts of appeals is consistent with the conclusion of the Third Circuit in Johnson & Johnson-Merck that the mark or advertising must deceive a substantial portion of the relevant consumers. See, e.g., Herman Miller, Inc. v. Palazzetti Imps. & Exps., Inc., 270 F.3d 298, 323 (6th Cir. 2001) ("tends to deceive a substantial portion of the intended audience"); Clorox Co. P.R. v. Proctor & Gamble Commercial Co., 228 F.3d 24, 33 n. 6 (1st Cir.2000) ("tendency to deceive a substantial segment of its audience"); United Indus. Corp. v. Clorox Co., 140 F.3d 1175, 1180 (8th Cir.1998); William H. Morris Co. v. Group W, Inc., 66 F.3d 255, 258 (9th Cir.1995) (stating that less than 3% is "[s]uch a small percentage" that it "does not constitute proof that a significant portion of recipients were deceived"); Johnson & Johnson * Merck Consumer Pharms. Co. v. Smithkline Beecham Corp., 960 F.2d 294, 297-98 (2d Cir.1992) ("a statistically significant part of the commercial audience").[4] See generally Richard J. Leighton, Materiality and Puffing in Lanham Act False Advertising Cases: The Proofs, Presumptions, and Pretexts, 94 Trademark Rep. 585 (2004). Under the circumstances it is clear that section (e)(3) — like subsection (a), the false advertising provision of the Lanham Act, and the common law — requires that a significant portion of the relevant consuming public be deceived. That population is often the entire U.S. population interested in purchasing the product or service.

2024 Michigan Topicality
T Supplement - HHRS › Significantly › Significant---10%

Significant means at least 10%

US Code 95, 10 USC 2505: National technology and industrial base: periodic defense capability assessments, From Title 10-ARMED FORCES, Subtitle A-General Military Law, PART IV-SERVICE, SUPPLY, AND PROCUREMENT, CHAPTER 148-NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE REINVESTMENT, AND DEFENSE CONVERSION, SUBCHAPTER II-POLICIES AND PLANNING, http://uscode.house.gov/view.xhtml?req=code+of+federal+regulations&f=treesort&fq=true&num=316

“(8) The term ‘significant reduction’, with respect to expenditures for a program for a fiscal year, means that the amount provided for that program for that fiscal year in the budget, Acts authorizing appropriations, appropriations Acts, or the future years defense program for that fiscal year is less than the amount provided for that program for the preceding fiscal year in the budget, Acts authorizing appropriations, appropriations Acts, or the future years defense program, respectively, for that preceding fiscal year by at least-¶ “(A) the greater of-¶ “(i) the amount equal to 10 percent of the amount provided for that preceding fiscal year; or¶ “(ii) $5,000,000; or¶ “(B) a lesser amount determined significant by the Secretary of Defense or the National Defense Technology and Industrial Base Council.

2024 Michigan Topicality
T Supplement - HHRS › Should › Should---Allows exceptions

Should allows for exceptions

COR 15 — County of Riverside, February 2015, Draft General Plan Amendment No. 960, http://planning.rctlma.org/Portals/0/genplan/general_plan_2015/GPA%20960/General%20Plan%20Elements/Ch01_Intro.pdf

For a policy to be useful, it must be clear. However, not all policies are the same; they differ in terms of expected results, commitment of resources, and indication of importance or urgency. Therefore, it is important to simplify the language used in the General Plan and understand the distinctions between the different levels of policy. The following definitions of terms provide guidance in interpreting the policy language of the General Plan:

Ÿ Shall: Policies containing the word “shall” indicate that an action must be taken in all cases. This represents absolute commitment to the policy, and the expectation is that the policy will always be carried out.

2024 Michigan Topicality
T Supplement - HHRS › USfg › USfg---Hologram

The United States is a giant hologram

Baudrillard 86 [Jean Baudrillard, Dead and French, 1986, “America”, //zrubin]

America is neither dream nor reality. It is a hyperreality It is a hyperreality because it is a Utopia which has behaved from the very beginning as though it were already achieved. Everything here is real and pragmatic, and yet it is all the stuff of dreams too. It may be that the truth of America can only be seen by a European, since he alone will discover here the perfect simulacrum - that of the immanence and material transcription of all values. The Americans, for their part, have no sense of simulation. They are themselves simulation in its most developed state, but they have no language in which to describe it, since they themselves are the model. As a result, they are the ideal material for an analysis of all the possible variants of the modern world. No more and no less in fact than were primitive societies in their day. The same mythical and analytic excitement that made us look towards those earlier societies today impels us to look in the direction of America. With the same passion and the same prejudices. In reality, you do not, as I had hoped, get any distance on Europe from here. You do not acquire a fresh angle on it. When you turn around, it has quite simply disappeared. The point is that there is really no need to adopt a critical stance on Europe from here. That is something you can do in Europe. And what is there to criticize which has not been criticized a thousand times before? What you have to do is enter the fiction of America, enter America as fiction. It is, indeed, on this fictive basis that it dominates the world. Even if every detail of America were insignificant, America is something that is beyond us all. . .America is a giant hologram, in the sense that information concerning the whole is contained in each of its elements. Take the tiniest little place in the desert, any old street in a Mid-West town, a parking lot, a Californian house, a BurgerKing [sic!] or a Studebaker, and you have the whole of the US - South, North, East, or West. Holographic also in that it has the coherent light of the laser, the homogeneity of the single elements scanned by the same beams. From the visual and plastic viewpoints too: things seem to be made of a more unreal substance; they seem to turn and move in a void as if by a special lighting effect, a fine membrane you pass through without noticing it. This is obviously true of the desert. It is also the case with Las Vegas and advertising, and even the activities of the people, public relations, and everyday electronics all stand out with the plasticity and simplicity of a beam of light. The hologram is akin to the world of phantasy. It is a three-dimensional dream and you can enter it as you would a dream. Everything depends on the existence of the ray of light bearing the objects. If it is interrupted, all the effects are dispersed, and reality along with it. You do indeed get the impression that America is made up of fantastic switching between similar elements, and that everything is only held together by a thread of light, a laser beam, scanning out American reality before our eyes. In America the spectral does not refer to phantoms or to dancing ghosts, but to the spectrum into which light disperses.

2024 Michigan Topicality
T Supplement - HHRS › USfg › USfg---One Person

Legally, the United States is a singular person

Herz 91 [Michael Herz, Assistant Professor, Benjamin N. Cardozo School of Law, Yeshiva University. B.A., Swarthmore College, 1979; J.D., University of Chicago Law School, 1982, April 1991, William & Mary Law Review, “United States v United States: When Can the Federal Government Sue Itself?”, //zrubin]

Consider, then, merely the United States government as one person. The idea of a unitary federal government, its parts joined by "one indissoluble bond of unity and amity,"'r5 is an attractive one. The Supreme Court's opinion in United States v. Providence Journal Co. 52 recently illustrated just how attractive it is. In that case, the Court refused to allow the Solicitor General to relinquish his role as lawyer for the United States even though the governmental interest concerned the judicial rather than the executive branch. Operating from a conception of a unified government, the Court rejected as "startling" the suggestion that "there is more than one 'United States' that may appear before this Court."' ' As a matter of statutory interpretation, the holding in Providence Journal is unobjectionable.

2024 Michigan Topicality
T Supplement - HHRS › USfg › USfg---Includes Agencies

The USfg includes agencies

The White House [it’s where the president lives, no date, whitehouse.gov, “Our Government”, //zrubin]

The Federal Government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the President, and the Federal courts, respectively. There are hundreds of Federal agencies and commissions charged with handling responsibilities as varied as managing America’s space program, protecting its forests, gathering intelligence, and advancing the general welfare of the American people.

2024 Michigan Topicality
T Supplement - HHRS › USfg › USfg---Includes reservations

The USfg has sole power over Indigenous affairs and reservations

Stevenson 23 [Dylan Michael Stevenson, Visiting Lecturer, Cornel AAP, bachelor's degree in linguistics from the University of California–Davis with a minor in Native American studies, a master's degree in planning from the University of Southern California with a concentration in preservation and design of the built environment, and has obtained AICP candidate status from the American Planning Association, Prairie Band Potawatomi descent, August 2023, Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in City & Regional Planning, “WATER RITES AND WATER RIGHTS: CHARACTERIZING CULTURAL VALUES IN WATER PLANNING ACTIVITIES ON THE CHEROKEE RESERVATION, BY THE STATE OF OKLAHOMA AND BY THE UNITED STATES FEDERAL GOVERNMENT”, //zrubin] **language modified**

Chief Justice Marshall explained in his opinion that the right to negotiate and regulate [Indigenous] Indian affairs lay exclusively with the United States Federal government. Through independence from the British Crown, America had inherited this right at the federal level, and this authority did not extend to the individual state governments. Consequently, Georgia has no right or jurisdiction to regulate Indian affairs within Cherokee Nation territory (Worcester v. Georgia, 1832). The Worcester v. Georgia decision develops two significant concepts within Federal Indian Law in the United States. First, it reinforces the Supreme Court’s precedent established in Cherokee Nation v. Georgia (1831) that the United States has sole authority to manage and regulate Indian Affairs as part of the guardian-ward relationship of this time.2 Second, it establishes the notion of Tribal Sovereignty as a federally protected right among Tribes within the fledgling Federal Indian Law system at this time.