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Clark Memorandum: Spring 2019
Brigham Young University Law School BYU Law Digital Commons The Clark Memorandum Law School Archives Spring 5-1-2019 Clark Memorandum: Spring 2019 J. Reuben Clark Law School BYU Law School Alumni Association J. Reuben Clark Law Society Follow this and additional works at: https://digitalcommons.law.byu.edu/clarkmemorandum Part of the Law Commons Recommended Citation J. Reuben Clark Law School, BYU Law School Alumni Association, and J. Reuben Clark Law Society, "Clark Memorandum: Spring 2019" (2019). The Clark Memorandum. 65. https://digitalcommons.law.byu.edu/clarkmemorandum/65 This Book is brought to you for free and open access by the Law School Archives at BYU Law Digital Commons. It has been accepted for inclusion in The Clark Memorandum by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. clark memorandum J. Reuben Clark Law School Brigham Young University Spring 2019 loving our neighbors contents Jorge Cocco Santángelo Jorge 2 Dean’s Message D. Gordon Smith 24 4 Declaring Human Dignity Shepherd—Variation IV, Shepherd—Variation 16 How Not to Be Stupid Michael Mosman cover art cover 24 Religion, Democracy, and the Habits of the Heart Elder Bruce C. Hafen 32 Loving Our Neighbors 16 D. Carolina Núñez 42 memoranda i am not the hero opening doors toward a more perfect union 4 32 44 D. Gordon Smith, publisher K. Marie Kulbeth, executive editor Rebecca Walker Clarke, editor Lena Harper Primosch, associate editor David Eliason, art director Bradley Slade, photographer The Clark Memorandum is published by the J. Reuben Clark Law School at Brigham Young University, the byu Law School Alumni Association, and the J. -
Nomination of Kevin Washburn to Be Assistant Secretary for Indian Affairs, U.S
S. HRG. 112–711 NOMINATION OF KEVIN WASHBURN TO BE ASSISTANT SECRETARY FOR INDIAN AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR HEARING BEFORE THE COMMITTEE ON INDIAN AFFAIRS UNITED STATES SENATE ONE HUNDRED TWELFTH CONGRESS SECOND SESSION SEPTEMBER 14, 2012 Printed for the use of the Committee on Indian Affairs ( U.S. GOVERNMENT PRINTING OFFICE 78–677 PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 13:53 Feb 11, 2013 Jkt 078677 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\DOCS\78677.TXT JACK COMMITTEE ON INDIAN AFFAIRS DANIEL K. AKAKA, Hawaii, Chairman JOHN BARRASSO, Wyoming, Vice Chairman DANIEL K. INOUYE, Hawaii JOHN MCCAIN, Arizona KENT CONRAD, North Dakota LISA MURKOWSKI, Alaska TIM JOHNSON, South Dakota JOHN HOEVEN, North Dakota MARIA CANTWELL, Washington MIKE CRAPO, Idaho JON TESTER, Montana MIKE JOHANNS, Nebraska TOM UDALL, New Mexico AL FRANKEN, Minnesota LORETTA A. TUELL, Majority Staff Director and Chief Counsel DAVID A. MULLON JR., Minority Staff Director and Chief Counsel (II) VerDate 0ct 09 2002 13:53 Feb 11, 2013 Jkt 078677 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\DOCS\78677.TXT JACK C O N T E N T S Page Hearing held on September 14, 2012 ..................................................................... 1 Statement of Senator Akaka ................................................................................... 1 Statement of Senator Udall .................................................................................... 2 WITNESSES Anoatubby, Hon. Bill, Governor, Chickasaw Nation ............................................ 5 Cole, Hon. Tom, U.S. -
A Revelation That Has Blessed the Whole World, P. 12 Noble Fatherhood: a Glimpse of the Divine, P
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS • JUNE 2018 A Revelation That Has Blessed the Whole World, p. 12 Noble Fatherhood: A Glimpse of the Divine, p. 22 Selfless Service to the Suffering, p. 26 “I Have Got the Plates,” Joseph Cried, p. 32 “NOBLE FATHERHOOD GIVES US A GLIMPSE OF THE DIVINE ATTRIBUTES OF OUR FATHER IN HEAVEN.” PRESIDENT JAMES E. FAUST From “A Righteous Father’s Influence,” page 22. Liahona, June 2018 FEATURE ARTICLES 22 A Righteous Father’s Influence By Megan Warren The father figures in my life taught me about the importance of righ- teous fatherhood. 26 Bearing One Another’s Burdens By Elder Jeffrey R. Holland By showing Christlike empathy to all of God’s children, we can par- ticipate in the work of the Master. 32 Saints: The Story of the COMMEMORATING THE 1978 REVELATION Church—Chapter 4: Be Watchful After years of waiting, Joseph Smith 12 Extending the Blessings of 16 Revelation for Our Time finally receives the plates—with the the Priesthood Four Apostles recall how they admonition to be watchful. How the 1978 revelation regard- felt on June 1, 1978, when the ing the priesthood has blessed revelation on the priesthood was individuals, families, and the received. DEPARTMENTS Church. 18 Blessed in Every Way 4 Portraits of Faith: Delva Netane Possible By Elder Edward Dube 6 Ministering Principles: Five As a full-time missionary, I Things Good Listeners Do first heard about the priesthood 10 Serving in the Church: Where restriction for blacks. We Were Needed The Priesthood Held in High By Wilfried and Laura Eyi 20 Esteem 40 Latter-day Saint Voices By Charlotte Acquah I was baptized just three months 80 Until We Meet Again: Our after the first missionaries Sabbath Sanctuary arrived in Ghana. -
Clark Memorandum: Spring 2008 J
Brigham Young University Law School BYU Law Digital Commons The lC ark Memorandum Law School Archives Spring 2008 Clark Memorandum: Spring 2008 J. Reuben Clark Law Society BYU Law School Alumni Association J. Reuben Clark Law School Follow this and additional works at: https://digitalcommons.law.byu.edu/clarkmemorandum Part of the Legal Ethics and Professional Responsibility Commons, Legal Profession Commons, Practical Theology Commons, and the Religion Law Commons Recommended Citation J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School, "Clark Memorandum: Spring 2008" (2008). The Clark Memorandum. 43. https://digitalcommons.law.byu.edu/clarkmemorandum/43 This Article is brought to you for free and open access by the Law School Archives at BYU Law Digital Commons. It has been accepted for inclusion in The lC ark Memorandum by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. clark memorandum J. Reuben Clark Law School Brigham Young University Spring >> 2008 c o n t e n t s Bradley Slade cover photograph The Relevance of Religious Freedom Michael K.Young On Being Ethical Lawyers Sandra Day O’Connor On the Wings of My Fathers A Walk by Faith m e m o r a n d a Larry EchoHawk Elder Bruce C. Hafen + colton chair + chief justice roberts + j. reuben clark dvd + susan purdon sully + faculty news + class notes + life in the law 2 8 14 20 27 Kevin J Worthen, publisher 30 Scott W. Cameron, executive editor Jane H. Wise, e d i t o r Joyce Janetski, associate editor David Eliason, art director Bradley Slade, photographer The Clark Memorandum is published by the J.Reuben Clark Law Society, the byu Law School Alumni Association, and the J. -
The War on Poverty, Lawyers, and the Tribal Sovereignty Movement, 1964-1974
‘The Sovereignty that Seemed Lost Forever’: The War on Poverty, Lawyers, and the Tribal Sovereignty Movement, 1964-1974 Aurélie A. Roy Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2017 © 2017 Aurélie A. Roy All rights reserved ‘The Sovereignty that Seemed Lost Forever’1: The War on Poverty, Lawyers, and the Tribal Sovereignty Movement, 1964-1974 Aurélie A. Roy ABSTRACT Relying on interviews of Indian rights lawyers as well as archival research, this collective history excavates a missing page in the history of the modern tribal sovereignty movement. At a time when vocal Native American political protests were raging from Washington State, to Alcatraz Island, to Washington, D.C., a small group of newly graduated lawyers started quietly resurrecting Indian rights through the law. Between 1964 and 1974, these non-Indian and Native American lawyers litigated on behalf of Indians, established legal assistance programs as part of the War on Poverty efforts to provide American citizens with equal access to a better life, and founded institutions to support the protection of tribal rights. In the process, they would also inadvertently create both a profession and an academic field—Indian law as we know it today— which has since attracted an increasing number of lawyers, including Native Americans. This story is an attempt at reconstituting a major dimension of the rise of tribal sovereignty in the postwar era, one that has until now remained in the shadows of history: how Indian rights, considered obsolete until the 1960s, gained legitimacy by seizing a series of opportunities made available in part through ‘accidents’ of history. -
General Authorities and General Officers of the Church of Jesus Christ of Latter-Day Saints
General Authorities and General Officers of The Church of Jesus Christ of Latter-day Saints THE FIRST PRESIDENCY Henry B. Eyring Thomas S. Monson Dieter F. Uchtdorf First Counselor President Second Counselor THE QUORUM OF THE TWELVE APOSTLES Russell M. Nelson Dallin H. Oaks M. Russell Ballard Robert D. Hales Jeffrey R. Holland David A. Bednar Quentin L. Cook D. Todd Christofferson Neil L. Andersen Ronald A. Rasband Gary E. Stevenson Dale G. Renlund THE PRESIDENCY OF THE SEVENTY L. Whitney Clayton Donald L. Hallstrom Richard J. Maynes Craig C. Christensen Ulisses Soares Lynn G. Robbins Gerrit W. Gong GENERAL AUTHORITY SEVENTIES (in alphabetical order) Marcos A. Aidukaitis Jose L. Alonso Wilford W. Andersen Ian S. Ardern Mervyn B. Arnold W. Mark Bassett David S. Baxter Randall K. Bennett Shayne M. Bowen Mark A. Bragg Craig A. Cardon Yoon Hwan Choi Kim B. Clark Weatherford T. Clayton Carl B. Cook Lawrence E. Corbridge Valeri V. Cordón J. Devn Cornish Claudio R. M. Costa Joaquin E. Costa LeGrand R. Curtis Jr. Massimo De Feo Benjamín De Hoyos Edward Dube Kevin R. Duncan Timothy J. Dyches Larry J. Echo Hawk Stanley G. Ellis David F. Evans Enrique R. Falabella Bradley D. Foster Randy D. Funk Eduardo Gavarret Robert C. Gay Carlos A. Godoy Taylor G. Godoy Christoffel Golden Walter F. González C. Scott Grow O. Vincent Haleck Kevin S. Hamilton James J. Hamula Allen D. Haynie Paul V. Johnson Larry S. Kacher Patrick Kearon Von G. Keetch Jörg Klebingat Joni L. Koch Erich W. Kopischke Larry R. Lawrence Hugo E. Martinez James B. -
G E N E Ra L a U Th O Ritie S a N D G E N E Ra L O Ffice Rs O F T H E Ch U Rch O F
General Authorities and General Officers of The Church of Jesus Christ of Latter-day Saints THE FIRST PRESIDENCY Dallin H. Oaks Russell M. Nelson Henry B. Eyring First Counselor President Second Counselor THE QUORUM OF THE TWELVE APOSTLES M. Russell Ballard Jeffrey R. Holland Dieter F. Uchtdorf David A. Bednar Quentin L. Cook D. Todd Christofferson Neil L. Andersen Ronald A. Rasband Gary E. Stevenson Dale G. Renlund Gerrit W. Gong Ulisses Soares THE PRESIDENCY OF THE SEVENTY L. Whitney Clayton Patrick Kearon Carl B. Cook Robert C. Gay Terence M. Vinson José A. Teixeira Carlos A. Godoy GENERAL AUTHORITY SEVENTIES (in alphabetical order) Marcos A. Rubén V. Alliaud Jose L. Alonso Jorge M. Alvarado Wilford W. Ian S. Ardern Steven R. W. Mark Bassett David S. Baxter Randall K. Hans T. Boom Shayne M. Bowen Mark A. Bragg L. Todd Budge Matthew L. Yoon Hwan Choi Craig C. Aidukaitis Andersen Bangerter Bennett Carpenter Christensen Kim B. Clark Weatherford T. Lawrence E. Valeri V. Cordón J. Devn Cornish Claudio R. M. Joaquin E. Costa LeGrand R. Massimo De Feo Benjamín Edward Dube Kevin R. Duncan Timothy J. Dyches David F. Evans Enrique R. Bradley D. Foster Randy D. Funk Clayton Corbridge Costa Curtis Jr. De Hoyos Falabella Eduardo Gavarret Jack N. Gerard Ricardo P. Taylor G. Godoy Christoffel Walter F. O. Vincent Haleck Brook P. Hales Donald L. Kevin S. Hamilton Allen D. Haynie Mathias Held David P. Homer Paul V. Johnson Peter M. Johnson Larry S. Kacher Jörg Klebingat Giménez Golden González Hallstrom Joni L. Koch Erich W. Hugo E. -
May 2012 Ensign
Elder Larry Elder Stanley G. Echo Hawk Ellis Of the Seventy Of the Seventy ince the day in 1972 that Elder Larry Echo Hawk heard lder Stanley Gareld Ellis knew that no one could prove then-Elder Spencer W. Kimball (1895–1985) speak of the existence of God through scientific means, but at Senvisioning Native Americans as educated leaders, he EHarvard University he learned that he could prove God has dedicated his life to “lifting people.” by testing His promises. Halfway through his freshman A member of the Pawnee Nation, Elder Echo Hawk was year, he ran out of money and secured a job to help pay his born in Cody, Wyoming, USA, in August 1948 to Ernest and expenses. Although he doubted that he could pay tithing Jane Echo Hawk. He grew up in Farmington, New Mexico, and still cover all of his costs, he decided to “prove” the USA, where he and his family were taught and baptized by Lord (see Malachi 3:10). LDS missionaries in 1962. “I paid my tithing first, and a miracle happened,” said At age 17, after being hit in the eye with a baseball, he Elder Ellis, recently called from the Second Quorum of the promised the Lord that if he didn’t lose his eyesight, he Seventy to the First Quorum. “I made it to the next pay- would read the Book of Mormon. He regained the use check. And that happened every two weeks for the entire of his eye and read 10 pages every day for nearly three semester. -
Empowered by Education and Vision Larry Echo Hawk
Brigham Young University Law School BYU Law Digital Commons Vol. 3: Religious Conviction Life in the Law 2-12-2013 Empowered by Education and Vision Larry Echo Hawk Follow this and additional works at: https://digitalcommons.law.byu.edu/life_law_vol3 Part of the Legal Biography Commons Recommended Citation Echo Hawk, Larry, "Empowered by Education and Vision" (2013). Vol. 3: Religious Conviction. 27. https://digitalcommons.law.byu.edu/life_law_vol3/27 This Rule of Law is brought to you for free and open access by the Life in the Law at BYU Law Digital Commons. It has been accepted for inclusion in Vol. 3: Religious Conviction by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. Empowered by Education and Vision Larry Echo Hawk It is with heartfelt appreciation that I stand before you, having been invited to be the commencement speaker for the class of 1994. I want to first express the high emotions that I have today in coming back to Brigham Young University. There are six Echo Hawk children that were born to my parents, and four of us received our education here at byu. It is here that I find many friends, and, most important, the greatest men- tors in my life were the people I became associated with when I had the opportunity to obtain my education and play football at Brigham Young University. I want to extend my congratulations to all the members of the class of 1994. Your graduation from law school is one of the very highest achieve- ments that you will have in life, and we honor you today. -
Sea: Reforming US Mining Law for Earth's Final Frontier
Under the (Territorial) Sea: Reforming U.S. Mining Law for Earth’s Final Frontier James D. Friedland LA LAW REVIEW LA LAW ABSTRACT C U As mineral prices continue to rise and high-quality terrestrial supplies dwindle, hardrock mining will soon spread to the one place on this planet it currently does not occur: underwater. The United States has regulations permitting the issuance of offshore mineral leases, but these regulations rest on questionable authority from 1953 and are already obsolete even though they have never been used. The United States will need to adopt new legislation before it can effectively access and develop this final mining frontier. The history of American mineral law is littered with mistakes and scandals. But in this particular context, that tortuous past can have a silver lining if used as a precautionary tale: Learning from the mistakes of onshore mining law, onshore oil law, and offshore oil law, the United States has an opportunity to proactively reform underwater mineral law to responsibly usher in the future of hardrock mining. In light of this opportunity, this Comment examines three case studies from U.S. mineral law to extract lessons and suggests how such lessons could inform lawmakers in drafting a sensible offshore mining law. autHOR Jamie Friedland, J.D. Candidate, UCLA School of Law Class of 2014, is a Discourse Editor of the UCLA Law Review, Volume 61. I would like to thank Professor Sean Hecht for his guidance while researching and drafting this Comment. Many thanks as well to the board and staff of the UCLA Law Review—and particularly to Samantha Booth—for the invaluable editorial expertise that made this Comment what it is today. -
Rasband: Stroke of the Pen, Law of the Land?
This paper will be published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 63rd Annual Rocky Mountain Mineral Law Institute (forthcoming 2017) Chapter 21 STROKE OF THE PEN, LAW OF THE LAND? James R. Rasband J. Reuben Clark Law School Brigham Young University Provo, Utah Synopsis § 21.01 Introduction § 21.02 Executive Authority over the Public Lands § 21.03 Can Monuments Be Abolished or Modified? [1] The Test for Presidential Executive Orders: The Youngstown Framework [2] Did Congress Expressly or Impliedly Delegate to the President the Authority to Revoke National Monuments? [3] Did Congress Expressly or Impliedly Delegate to the President the Authority to Modify or Diminish National Monuments? [a] Does the Antiquities Act Expressly Delegate the Authority to Diminish a Monument’s Size? [b] Does the Antiquities Act Impliedly Delegate the Authority to Diminish a Monument’s Size? [4] Modification Through Management § 21.04 Conclusion 21-1 21-2 Mineral Law Institute § 21.01 § 21.01 Introduction* ** With an increasingly partisan divide in Congress,1 and with the Repub- licans in control of the House for the last six years of his presidency,2 Pres- ident Barack Obama turned more and more to executive power to pursue his agenda. This was true in a number of areas,3 including with respect to the public lands. Perhaps the most prominent manifestation of this was his use of the Antiquities Act of 1906 (Antiquities Act),4 which authorizes the president, in his discretion, to “declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Federal Government to be national monuments.”5 President Obama proclaimed more national monuments covering more acres than any presi- dent in history.6 As has often been the case historically, President Obama’s proclamations drew strong protests from some in public land communities near the monuments and from many in the congressional delegations of * Cite as James R. -
Assistant Secretary of Indian Affairs Larry Echo Hawk to Conclude Successful Tenure at Interior Secretary Salazar Commends Echo Hawk for His Leadership, Service
Date: April 9, 2012 Contact: Adam Fetcher (DOI) 202-208-6416 Nedra Darling (ASIA) 202-219-4152 Assistant Secretary of Indian Affairs Larry Echo Hawk to Conclude Successful Tenure at Interior Secretary Salazar Commends Echo Hawk for his leadership, service WASHINGTON – Secretary of the Interior Ken Salazar announced today that Assistant Secretary for Indian Affairs Larry Echo Hawk will be leaving the Department of the Interior after nearly 3 years of leadership. Echo Hawk, an enrolled member of the Pawnee Nation of Oklahoma, will resign his position effective April 27, 2012 to assume a leadership position in the Church of Jesus Christ of Latter-day Saints. “Larry has done an extraordinary job at Interior, opening a new chapter in our nation-to-nation relationship with American Indian and Alaska Natives tribal governments and carrying out President Obama’s vision for empowering Indian nations,” Salazar said. “During his tenure, the Department accelerated the restoration of tribal homelands, improved public safety in tribal communities, resolved century-old water disputes, made critical investments in education, and reached many more milestones that are helping Indian nations pursue the future of their choosing. We thank Larry for his exemplary leadership and wish him all the best as he begins a new chapter in his life.” “The opportunity to participate in remedying the negative perceptions of the federal government in Indian Country was a formidable challenge at first, but I am proud to say that I have served my country as an agent for change here in Indian Affairs,” said Echo Hawk. “I believe at the end of this Administration, the work we accomplished will leave a lasting legacy for American Indian and Alaska Natives.