Black people and early Mormonism From tothe church prohibited anyone with real or suspected black ancestry from being ordained to the priesthood. Inthe church's First Presidency declared in a statement known as " Official Declaration 2 " that the ban had been lifted by the Lord. Beforea few black men had been ordained to the priesthood under Joseph Smith.
Matthew Perkins Place of Publication: This article discusses the implications of the court decision in U. Hugs, which denied Native American claims asserting infringement of First Amendment rights as well as treaty rights where eagle parts were sold.
This author expresses that the holding in United States v. Hugs is limited to its facts, and does not absolve the government from its obligation under The Federal Indian Trust Doctrine, and that a valid trust doctrine argument remains to be made against the BGEPA.
However, the holding in United States v. Hugs is limited to its facts, and does not absolve the government from its obligation under The Federal Indian Trust Doctrine. The rejection of Native American constitutional, statutory, and treaty right arguments illustrates the need for an alternative argument against the BGEPA that circumvents the existing negative precedent.
Therefore, this Chapter relies on the specific facts and claims of Hugs in only a small portion of its analysis. Part III describes the judicial elimination of traditional Native American arguments against the Act and poses a hypothetical challenge to the BGEPA that illustrates the uselessness of these arguments.
Part IV details the history and development of the trust doctrine and describes the current status of the doctrine in Native American law. Part V discusses how recent federal emphasis on the trust obligation promotes the doctrine as a viable foundation upon which to challenge the BGEPA. Finally, Part VI describes the basic advantages of the trust doctrine argument and explains how an argument under the trust doctrine could prevail where traditional Native American arguments have failed.
Judicial Elimination of Alternative Arguments A. The End of an Era: Assume that Crow Indian Tribe member Frank Williams applies for a permit to obtain a golden eagle carcass for use in a Native American rite of passage ceremony for a relative.
Knowing about the permit process delay, Williams applies for the eagle carcass twelve months in advance. Williams submits the forms that confirm his authorization to participate in the stated religious ceremony and BIA certifies his enrollment in a recognized Indian tribe.
Meanwhile, months pass and Williams still does not receive the eagle carcass. At trial, Williams claims that the BGEPA is facially invalid and that the permit application process delay violates his First Amendment rights to conduct ceremonies that are vital to his religion.
Additionally, Williams claims that the BGEPA violates certain rights held under a treaty between the federal government and the tribe. Under the current caselaw, Williams would fail under either a First Amendment or a treaty right claim.Trust is a high commodity among people today but it something that is not given as easily as it was a few generations ago.
Almost gone are the days where a gentlemen’s agreement was all that was needed between two people. The public trust doctrine provides a method whereby environmental lawyers can bring suit against governments on behalf of current and future generations.
Deriving from the common law of property, the public trust doctrine is the most fundamental legal mechanism to ensure that government safeguards natural resources necessary for public welfare.
Quotes. What information consumes is rather obvious: it consumes the attention of its recipients. Hence a wealth of information creates a poverty of attention, and a need to allocate that attention efficiently among the overabundance of information sources that might consume it.
The Obama Doctrine. The U.S. president talks through his hardest decisions about America’s role in the world. I’m not sure it’s exactly the same concept, but John Holbo termed this thing “the two-step of terrific triviality” here.I’m sure “motte-and-bailey doctrine” is a better term to promote for actual use, since it sounds serious and important, while it’s hard to say “the two-step of terrific triviality” with a straight face.
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