Here.
An excerpt:
Just noticed that the bills enacted into law so far in the 112th Congress are only House bills that Democrats introduced. Don’t know what that means, but there you go.
Author: Matthew L.M. Fletcher
Eighth Circuit Creates Intra-Circuit Conflict –On Same Day — in Major Crimes Act Sexual Assault Cases
Here are the cases:
Here is a blog post from On Brief, Iowa Appellate Blog, that details the conflict. H/t to P.T. and How Appealing.
The conflict:
In United States v. Bruguierand United States v. Rouillard, the defendants were convicted of “knowingly . . . engaging in a sexual act with another person if that other person is–(A) incapable of apprising the nature of the conduct; or (B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act.” The issue is whether the “knowingly” requirement extends to both (A) and (B)—in other words, must the defendant have known that the person was mentally or physically incapacitated?
The Bruguier panel, Judge Diana Murphy writing, said no: “[T]he ‘most natural grammatical reading’ of the statute suggests that ‘knowingly’ only modifies the surrounding verb, which in this case is the phrase ‘engages in a sexual act.’”
The Rouillard panel, Judge Shepherd writing, said yes: “Knowingly ‘engag[ing] in a sexual act with another person’ is not inherently criminal under federal law, barring some other attendant circumstance”—“we believe the statute is properly read as requiring defendant’s knowledge that the other person was incapacitated.”
Heather Shotton on HuffPo: Indian Education in State of Emergency
Here. An excerpt:
The recent release of Adjusted Cohort Graduation Rate data from the U.S. Department of Education was certainly shocking to the nation. But for American Indian, Alaska Native, and Native Hawaiian communities, the data just confirms that education for our Native students is in a state of emergency.
In nine states — Arizona, Colorado, Minnesota, Nevada, New Mexico, Oregon, South Dakota, Utah, and Washington — the graduation rates for American Indian and Alaska Native students in 2010-2011 are lower than 60 percent. And just 61 percent of Native students served by the U.S. Bureau of Indian Education graduate from high school. Meanwhile in three states, one out of every two Native Hawaiian students graduates on time.
Rebecca Tsosie Named ASU Regents Professor
Here. An excerpt:
Rebecca Tsosie is one of the most highly regarded scholars of Indian law in the world, authoring more than 40 law review articles and book chapters during the past 15 years. She is co-author of the nation’s leading treatise on Indian law, “Indian Law: Native Nations and the Federal System.” Her work is widely cited and she has contributed chapters to almost every leading volume on American Indian law published since 2001.
Among the many awards she has been granted include the Native Nations Distinguished Alumnus Award from the UCLA School of Law. She is a past recipient of the American Bar Association’s 2002 Spirit of Excellence award and she was honored as Professor of the Year in 2009 at the Sandra Day O’Connor College of Law. The University of Oregon awarded her its inaugural Oregon Tribes Professor of Law position.
As executive director of the ASU Indian Legal Program for 15 years, Tsosie was instrumental in transforming the program into one of the nation’s best and she helped in the formation of the law schools master’s degree program in Indian Law. A graduate student mentor, she also serves on many law school and university committees and she aided in the formation of the Indian Legal Clinic that was recently awarded the President’s Award for Social Embeddedness.
As a valued member of the American Indian community, she is a Supreme Court justice for the Fort McDowell Yavapai Nation and San Carlos Apache Tribe. She is also engaged in public education efforts and training Indian law attorneys.
Salon: How Abusers Get Away with Targeting Indian Women
Here.
An excerpt:
“We have serial rapists on the reservation — that are non-Indian — because they know they can get away with it,” said Charon Asetoyer, executive director of the Native American Women’s Health Education Resource Center in Lake Andes, S.D. “Many of these cases just get dropped. Nothing happens. And they know they’re free to hurt again.”
Lac Vieux Desert Band of Lake Superior Chippewa Indians Appellate Court Judge Posting
Here:
Beltway Indians: Sen. Cantwell to be New Chair of SCIA
Here.
Senator Akaka Bids Farewell to the Senate
Here.
Article and video of Sen. Akaka’s speech. The clip is the portion of his speech about native sovereignty, self-determination, and Hawaiian recognition.
The Nation on the Republican House Leadership and VAWA
Indian Trust Asset Reform Act (H.R. 6617)
Here.
Introduced late last month.
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