| Minnesota v. Mille Lacs Band of Chippewa Indians is the United States Supreme Court's most recent decision to focus on the continued existence of tribal off-reservation hunting, fishing, and gathering rights (usufructuary rights) as guaranteed by 19th century treaties entered into between the Lake Superior Chippewa and the federal government. This paper addresses three issues. First, a fundamental flaw with the Petitioner's position is a misconceptualization of the legal theory that governs Indian treaty interpretation and Indian sovereignty. The Petitioner proceeds on the mistaken premise that the Respondent's usufructuary interests are granted privileges rather than reserved rights. Second, in finding that the Respondents still possessed usufructuary... |
