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Tribal Sovereignty and the Limits of Federal Evidence: Authenticating Indian Status in United States v. Harper
Full text linkIn United States v. Harper, the Tenth Circuit reversed a conviction for violent crimes committed in Indian Country because the government failed to provide admissible evidence proving that the defendant was an “Indian” under federal law. At first glance, the ruling appears to turn on a technical evidentiary issue concerning the exclusion of a tribal membership verification letter under the business records exception. Yet the case reveals something deeper: a jurisdictional framework that conditions the recognition of tribal identity on federal evidentiary norms, and in doing so, limits the functional sovereignty of tribal governments in federal courts. This Note seeks to explore this relationship in greater detail and examines how evidentiary standards in the federal system are often rooted in the Western legal tradition, making their application to tribal practices mismatched
Friends of the Inyo v. United States Forest Service
Full text linkFriends of the Inyo v. United States Forest Service provides necessary guidance for categorical exclusion analysis under the National Environmental Policy Act. The Ninth Circuit Court of Appeals held that the United States Forest Service wrongfully construed NEPA as permissive of applying different categorical exclusions to various components of the same mining project until the project was excluded in its entirety from further environmental review. The Court’s holding establishes two essential rules for evaluating mining proposals on public lands: (1) a categorical exclusion, when applied under § 220.6, must cover the entire scope of a proposed project; and (2) the scope of a mining project proposed on USFS land includes environmental mitigation efforts
MSW Portfolio
No full textThis document is a collection of assignments and personal reflections designed to demonstrate my understanding of the core competencies of social work as I moved through the MSW Advanced Standing program. It is focused on the relational nature of the profession and my core values as an integrated practitioner engaged in clinical social work.https://scholarworks.umt.edu/grad_portfolios/1462/thumbnail.jp
