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16 results on '"American Indian Religious Freedom Act of 1978"'

1. THE RELIGIOUS FREEDOM RESTORATION ACT AND INDIAN LAW: FROM INDIVIDUAL ADVOCACY TO COLLECTIVE ACTION.

Author

Keim, Adele Auxier

Subjects
Worship programs -- Laws, regulations and rules -- Environmental aspects, Feathers -- Usage -- Religious aspects, Federal tribal law -- Evaluation, Bald eagle -- Religious aspects -- Laws, regulations and rules -- Protection and preservation, Golden eagle -- Protection and preservation -- Laws, regulations and rules -- Religious aspects, Freedom of religion -- Laws, regulations and rules, Native Americans -- Religious aspects, Fulton v. City of Philadelphia (141 S. Ct. 1868 (2021)), Little Sisters of the Poor Saints Peter & Paul Home v. Pennsylvania (140 S. Ct. 2367 (2020)), Ramirez v. Collier (142 S. Ct. 1264 (2022)), Government regulation, Religious Freedom Restoration Act of 1993, Eagle Protection Act, Migratory Bird Treaty Act, American Indian Religious Freedom Act of 1978
Abstract

I. INTRODUCTION In March 2006, federal agents raided a Native American powwow in Texas, confronted religious dancers, and confiscated 42 sacred eagle feathers. Pastor Robert Soto, a leader of the [...]

Published
2023

2. APPELLATE COURTS: STOP ACCEPTING AN 'ABSURD' FIRST AMENDMENT ANALYSIS FOR NATIVE NATIONS' SACRED SITE DESTRUCTION.

Author

Sutton, Victoria

Subjects
Sacred space -- Destruction -- Protection and preservation -- Laws, regulations and rules, Dissenting opinions -- Analysis, Appellate courts -- Beliefs, opinions and attitudes -- Evaluation, Church and state -- Laws, regulations and rules, Federal tribal law -- Evaluation, Freedom of religion -- Laws, regulations and rules, Native Americans -- Religious aspects, Tribal sovereignty -- Laws, regulations and rules -- Religious aspects, Apache Stronghold v. United States (38 F.4th 742 (9th Cir. 2022)), Government regulation, Religious Freedom Restoration Act of 1993, American Indian Religious Freedom Act of 1978, United States Constitution (U.S. Const. amend. 1)
Abstract

I do not use the term "absurd" in this title lightly. Judge Marsha Berzon used it in a dissenting opinion to describe the impractical result that comes from repeating the [...]

Published
2023

3. PROTECTION FOR INDIAN SACRED SITES.

Author

Fletcher, William A.

Subjects
Cultural property, Protection of -- Laws, regulations and rules -- Religious aspects, Religion -- Laws, regulations and rules, Federal tribal law -- Evaluation, Native Americans -- Laws, regulations and rules -- Religious aspects, Freedom of religion -- Laws, regulations and rules, Government regulation, Religious Freedom Restoration Act of 1993, Restatement of the Law of American Indians, American Indian Religious Freedom Act of 1978, United States Constitution (U.S. Const. amend. 1), Native American Graves Protection and Repatriation Act
Abstract

34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 21, 2022 I would like to speak today about protection for Indian sacred sites. I am both [...]

Published
2022

4. Dramatically narrowing RFRA's definition of 'substantial burden' in the Ninth Circuit - the vestiges of Lyng v. Northwest Indian Cemetery Protective Association in Navajo Nation et al. v. United States Forest Service et al.

Author

Kelin, Zackeree S. and Schooley, Kimberly Younce

Subjects
Sacred space -- Laws, regulations and rules, Public lands -- Laws, regulations and rules, Strict scrutiny doctrine -- Laws, regulations and rules, Freedom of religion -- Laws, regulations and rules, Lyng v. Northwest Indian Cemetery Protection Ass'n (485 U.S. 439 (1988)), Government regulation, Religious Freedom Restoration Act of 1993, American Indian Religious Freedom Act of 1978
Abstract

The Court in Lyng denied the Free Exercise claim in part because it could not see a stopping place. We uphold the RFRA claim in this case in part because [...]

Published
2010

5. Spiritual genocide: the denial of American Indian religious freedom, from conquest to 1934

Author

Talbot, Steve

Subjects
Native American Church -- Services -- Religious aspects, Native Americans -- Civil rights -- Religious aspects, American Indian Religious Freedom Act of 1978, Ethnic, cultural, racial issues/studies, Services, Religious aspects, Civil rights
Abstract

On June 26, 2002, the Ninth Circuit Court of Appeals in San Francisco ruled that the words 'under God' in the Pledge of Allegiance are unconstitutional, because they violate the [...]

Published
2006

7. Spiritual highs and legal brows: the power and peril of religious exemptions from drug prohibition

Author

Sullum, Jacob

Subjects
Narcotic laws -- Analysis -- Social aspects, Freedom of religion -- Analysis -- Social aspects, Humanities, Philosophy and religion, Political science, Religious Freedom Restoration Act of 1993, American Indian Religious Freedom Act of 1978
Abstract

ON FEBRUARY 22, 2006, U.S. Border Patrol agents noticed a minivan and a sedan traveling close together on Interstate 10 near Lordsburg, New Mexico.After going east for about 10 miles, [...]

Published
2007

8. When kachinas and coal collide: can cultural resources law rescue the Hopi at Black Mesa?

Author

Nakai, Katosha Belvin

Subjects
Hopis -- Laws, regulations and rules, Cultural property, Protection of -- Laws, regulations and rules, Black Mesa, Arizona -- Environmental aspects, Government regulation, National Environmental Policy Act of 1969, Native American Grave Protection and Repatriation Act, American Indian Religious Freedom Act of 1978, Arizona. Ground Water Management Act of 1980
Published
2003

9. Within the iron houses: the struggle for Native American religious freedom in American prisons

Author

Fordham, Monique

Subjects
Prisoners -- Religious aspects -- Social aspects, Native Americans -- Social aspects -- Religious aspects, Freedom of religion -- Social aspects -- Religious aspects, American Indian Religious Freedom Act of 1978, International relations, Law, Social aspects, Religious aspects
Abstract

MOST AMERICANS FEEL SECURE THAT THEIR FREEDOM TO WORSHIP IN THEIR particular religious faith is a well protected right. After all, the First Amendment to the U.S. Constitution states: 'Congress [...]

Published
1993

10. Why Native Americans struggle to protect their sacred places

Author

LaPier, Rosalyn R.

Subjects
Medicine, Botanic -- Protection and preservation, Medicine, Herbal -- Protection and preservation, Native Americans -- Protection and preservation, Freedom of religion -- Protection and preservation, News, opinion and commentary, American Indian Religious Freedom Act of 1978
Abstract

(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.) https://theconversation.com/profiles/rosalyn-r-lapier-313342, https://theconversation.com/institutions/university-of-illinois-at-urbana-champaign-1266 (THE CONVERSATION) Forty years ago the U.S. Congress passed the https://www.nps.gov/history/local-law/FHPL_IndianRelFreAct.pdf so [...]

Published
2018

11. Exemption for religious peyote use not limited to enrolled tribal members

Author

Jervis, Bruce

Subjects
Utah -- Cases, Utah -- Domestic policy, Peyote -- Usage, Judgments by default -- Cases, Company legal issue, Government regulation, Ethnic, cultural, racial issues/studies, Government, Law, State of Utah v. Mooney Supreme Court of Utah, American Indian Religious Freedom Act of 1978
Abstract

State of Utah v. Mooney Supreme Court of Utah, No. 20010787 (June 22, 2004) The Utah Supreme Court has ruled that the criminal exemption for the religious use of peyote [...]

Published
2004

12. Phase I Archaeological Investigation of 2,707.47 Acres on Avon Park Air Force Range, Polk and Highlands Counties, Florida

Author

Elam, Jennifer, Jones, Brandi Carrier, and Burkholder, Amy

Subjects
St. Johns, Historic, Hultberg Memorial Herty Cup Scatter, National Environmental Policy Act of 1969, Dating Sample, Artifact Scatter, Arbuckle Creek, Marion Knife, Air Force Instruction, Building Materials, Kissimmee River Watershed, Little Army's Lithic Scatter, Archaeological Feature, Middle Archaic, 8PO6087, Geophysical Survey, Metal, 8HG1121, 8HG1120, 8PO7138, 8PO7137, 8PO7139, 8PO7134, 8PO7136, Belle Glade Plain Ceramics, 8PO7135, Long Cypress Lithic Scatter, Ground Disturbance Monitoring, Ground Stone, J. Morrison Herty Cup Scatter, Archaeological Resources Protection Act of 1979, Florida, Non-Household Historic Artifacts, Nalaka Turpentine Camp, Belle Glade III Period, Bill Boynton's Herty Cup Scatter, Echo Range West Fence, AFI, Fire Cracked Rock, Architectural Historic Artifacts, 23rd Fighter Wing, Protection and Enhancement of the Cultural Environment, Personal Historic Artifacts, Cast Iron Stove, Turpentine Camp, Arbuckle Flatwoods, Avon Park Air Force Range, American Indian Religious Freedom Act of 1978, Post-Archaic Regionalization Period, 8PO0993, Ray Tubby's Folly, 8HG1119, Alisa's Arbuckle Lithic Scatter, 8HG1118, Native American Graves Protection and Repatriation Act, Historic Background Research, Chipped Stone, Highlands County, Prehistoric, Hernando Point, Sandy St. Johns Ceramics, Systematic Survey, Ceramic, Archaic, Late Archaic, Domestic Historic Artifacts, Polk County, NAGPRA, Coral Debitage, Moody Air Force Base, Brendan's Find, National Historic Preservation Act of 1966, Glass, J. Aiken Prehistoric Scatter
Abstract

This report presents the results of Phase I archaeological investigations of 2707.47 acres on Avon Park Air Force Range (APAFR) in Polk and Highland counties, Florida. The purpose of this study is to provide the APAFR with data for use in the management of its cultural resources in partial fulfillment of its obligations under the National Historic Preservation Act and other applicable cultural resources legislation. The Phase I survey resulted in the discovery of ten newly identified archaeological sites. Also, two previously identified sites were recorded and their site forms amended. One previously recorded site was recommended potentially eligible for inclusion in the National Register of Historic Places (NRHP). Four sites require further work to determine depositional integrity before a recommendation can be made regarding their eligibility or ineligibility for inclusion in the NRHP. Seven sites (8PO7135-8PO7139, 8HG1120, and 8HG1121) were determined to retain little research value and were considered ineligible for inclusion in the NRHP. Thirty-one archaeological occurrences were also recorded during the current survey; none of the archaeological occurrences were recommended eligible for the NRHP.

Published
2012
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13. Peyote, Indian Religion And the Issue of Exclusivity

Author

Sink, Mindy

Subjects
American Indian Religious Freedom Act of 1978, Company legal issue, Government regulation, Native American Church -- Membership -- Cases -- Religious aspects, Peyote -- Usage -- Cases -- Religious aspects -- Laws, regulations and rules, Church membership -- Cases -- Laws, regulations and rules -- Religious aspects, Native Americans -- Religious aspects -- Cases -- Laws, regulations and rules, Rites and ceremonies -- Laws, regulations and rules -- Cases -- Religious aspects, Ritual -- Laws, regulations and rules -- Cases -- Religious aspects
Abstract

What makesomeone a member of a religion? Is it something gained as a birthright, at a baptism, a result of devotional church attendance or even race? A case in Utah […]

Published
2004

14. Who owns the past?: sometimes the answer isn't very simple

Author

Tankersley, Kenneth Barnett

Subjects
Archaeologists -- Practice -- Social aspects, Native Americans -- Social aspects, American Indian Religious Freedom Act of 1978, Native American Graves Protection and Repatriation Act
Abstract

Have you ever wondered why there are so few Native American archaeologists? After all, Chinese archaeologists study the cultures of China. Greek archaeologists study the cultures of Greece. Mexican archaeologists […]

Published
2007

15. Henderson v. Terhune

Subjects
Correctional personnel -- Cases, Freedom of religion -- Cases, Hairstyles -- Cases, American Indian Religious Freedom Act of 1978, United States Constitution. 1st Amendment, Law, Company legal issue, Cases
Abstract

U.S. Appeals Court HAIR LENGTH Henderson v. Terhune, 379 F.3d 709 (9th Cir. 2004). A Native American state prison inmate brought a § 1983 action against corrections officials, alleging that [...]

Published
2004

16. American Indians, panel discuss religious law

Author

Specktor, Mordecai

Subjects
Native Americans -- Religious aspects, Freedom of religion -- Laws, regulations and rules -- Religious aspects, American Indian Religious Freedom Act of 1978, Philosophy and religion, Government regulation, Religious aspects, Laws, regulations and rules
Abstract

MINNEAPOLIS - 'We do not wear an eagle feather as an ornament. We wear it only when we are worthy, only when we earn it. We don't ask for it [...]

Published
1993

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