"For centuries, our legal system recognized, through statutes of limitation and related concepts, that it is unfair and economically destructive to hold the door open for the revival of long-dormant grievances. But in a profoundly misguided 5-to-4 decision in a 1985 case involving the Oneidas, the United States Supreme Court, influenced by guilt over the nation's sorry history in this area, decided that Indian land claims were an exception and not subject to time limits.

Because the mess originates in federal law, it's up to Congress to fix it. Ideally, it should reverse the 1985 Oneida decision with legislation that says the limit for contesting violations of the Nonintercourse Act is not open-ended and expired long ago. In practice, because of sympathy toward the Indians and their financial clout, that is going to be a hard slog unless public opinion can be mobilized broadly."

Get the Story:
This Land Is My Land (The New York Times 6/26)
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