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Status to Be Determined: Analyzing Indian Status Within the General Crimes Act in a Post-Castro-Huerta Landscape
Get PDFThe General Crimes Act, codified at 18 U.S.C. § 1152, is an older statute that pertains to federal criminal jurisdiction over crimes committed in Indian Country. The General Crimes Act is limited in scope as it only applies to cases where the alleged perpetrator of the crime is not a Native American but the victim is determined to be a Native American. But who decides how to label each party as “Indian” or “non-Indian” (to borrow language used in the courts)? And is ‘Indian status’ an element of the statute that the prosecution must prove or is it reserved for the defendant as an affirmative defense to rebut the prosecution? Federal appellate courts have touched on these issues in the past, but a circuit split exists over how to approach a test that may be used to determine the Indian status of the parties in all matters involving the General Crimes Act, as well as how Indian status fits within the elemental framework of the statute. In 2022, the U.S. Supreme Court released a decision in Oklahoma v. Castro-Huerta that dramatically affected how the General Crimes Act is interpreted. But what did the Court have to say about how to determine a party’s Indian status in the decision? Was it even on the Justices’ minds?
This Note takes a closer look at the circuit split over what may be thought of as an ‘Indian status test’ as it historically existed in the courts, and within different interpretations of the General Crimes Act. The Note then describes the status of the circuit split in the wake of the Court’s decision in Castro-Huerta. This Note concludes with predictions on how the Castro-Huerta decision may affect future cases involving the General Crimes Act and where, if applicable, an ‘Indian status test’ may be invoked
Brief Amici Curiae Legal Scholars of Sex and Gender In Support of Plaintiff-Appellant
Get PDFThis amicus brief was filed in Griffith v. El Paso County, Colorado, case no. 23-1135 (10th Circuit) in support of appellant Darlene Griffith. Amici curiae are legal scholars of sex and gender. They offer expertise in their personal capacities to assist the Court of Appeals for the Tenth Circuit in assessing whether the El Paso County Sheriff officials violated Ms. Griffith’s Fourteenth Amendment right to equal protection when they refused to house Ms. Griffith, a transgender woman, in the women\u27s unit of the El Paso County Jail as a pretrial detainee
A New Tool in Police-Civilian Mediations: Conflict Coaching and Its Potential Benefits
Get PDFCommunities across the country have implemented mediation programs as an alternative dispute resolution process for civilian complaints against police officers. These programs vary from state to state, but certain challenges exist in each, such as ensuring neutrality, encouraging participants to engage fully in the mediation, and navigating subconscious biases held by officers and civilians. In response to these issues, this article considers whether conflict coaching opportunities within these programs have the potential to improve their effectiveness in resolving disputes and better support mediation participants. Conflict coaching is an emerging conflict navigation tool and thus there is limited research on its effectiveness. To determine its potential impact on police-civilian mediations, a group of key stakeholders in the police-civilian mediation program in St. Louis, Missouri were interviewed to determine the potential impact of conflict coaching on the program. These representatives discussed the potential benefits and drawbacks of implementing conflict coaching opportunities for civilians and officers in their own community. Despite potential costs, interviewees overall agreed that a conflict coaching program aligns with community policing standards and meets civilian demand for empathetic conflict resolution
Human Rights and Lawyer’s Oaths
Get PDFEach lawyer in the United States must take an oath to be licensed to practice law. The first time a lawyer takes this oath is usually a momentous occasion in their career, marked by ceremony and celebration. Yet, many lawyer’s oaths today are unremarkable and irrelevant to modern law practice at best, and at worst, inappropriate, discriminatory, and obsolete. Drawing on a fifty-state survey of lawyer’s oaths in the United States, this article argues that it is past time to update lawyer’s oaths in the United States and suggests drawing on human rights to make lawyer’s oaths more accessible and impactful
EPA and Army’s New WOTUS Definition and Another Finalized Rule This Spring
Get PDFOn December 30, 2022, the EPA finalized its rule interpreting waters of the United States, which redefined the boundaries of the Clean Water Act\u27s jurisdiction. In this article, Joe Retzer discusses the new rule that attempts to implement public input by providing a definition that is clear and consistent for stakeholders and discusses future rules that may be on the horizon.https://scholarship.law.slu.edu/lawjournalonline/1111/thumbnail.jp
Prada Bag or Fraud-A Bag: The Impacts of Knockoffs and Counterfeits on the Fashion Industry
Get PDFFashion is both inherently utilitarian and ultra-creative at the same time and exists in a gray area in terms of legal protection. Some aspects of fashion are protectable by various aspects of intellectual property. For example, trademark law can protect the logo on a bag. However, fashion as a whole does not fit squarely in any intellectual property protection available in the United States, which allows knockoffs to be legally allowed. This Note provides a comprehensive analysis of the intellectual property protections available in the United States to certain aspects of fashion and what types of copying and inspiration-taking expands the world of fashion as opposed to hurting fashion designers and their ability to create. This Note argues that knocksoffs promote the fashion industry while counterfeits hurt fashion overall by providing an overview of the types of intellectual property protection available in the United States and how they apply to different elements of fashion design
Anti-Carceral Theory and Immigration: A View from Two Law School Clinics
Get PDFThis article explores clinical teaching philosophies related to anti-carceral theory and provides examples of how to support student learning in clinics serving immigrant clients. Anti-carceral theory in this context is used to refer to an approach that resists criminalization and incarceration within law, drawing on abolitionism, intersectional and anti-carceral feminism, and decolonization.The anti-carceral lens provides framing and language to name the dynamics of social exclusion and discrimination inherent in immigration law. It also allows us to unpack immigration regulation as a series of choices made within the larger context of law enforcement and its systems of surveillance, policing, and confinement. This article is meant to encourage clinical faculty to integrate anti-carceral theory into teaching as a means for students to critically explore the law and their roles as advocates
2023--The Legitimacy and Legality of War: From Philosophical Foundations to Emerging Problems
No full textWhile Russia\u27s invasion of Ukraine represents a serious challenge to the international legal order, its challenge to the use of force regime is particularly acute. This symposium brings together a wide range of scholars to assess the applicability and efficacy of the international legal framework regulating the use of force. Topics to be examined include just-war theory, the prohibition on the threat or use of force, exceptions to the use-of-force prohibition, the treatment of the non-use-of-force principle in judicial proceedings, and the role of non-State actors in the use of force regime.https://scholarship.law.slu.edu/lj_cicl_symposia/1001/thumbnail.jp
