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Ute Indian Tribe Brief
Appellate Case: 14-4034 Document: 01019258215 Date Filed: 06/02/2014 Page: 1 CASE NO. 14-4034 IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT UTE INDIAN TRIBE OF THE ) UINTAH AND OURAY RESERVATION, ) UTAH, a federally recognized Indian tribe, ) ) ) Plaintiff - Appellant, ) ) v. ) ) THE STATE OF UTAH; WASATCH ) COUNTY, a political subdivision of the State ) of Utah; GARY HERBERT, Governor of the ) State of Utah; SEAN D. REYES, Attorney ) General for the State of Utah; SCOTT SWEAT, ) Wasatch County Attorney; and TYLER J. ) BERG, Wasatch Deputy County Attorney, ) ) Defendants - Appellees. ) On Appeal from the United States District Court for the District of Utah, Central Division The Honorable Judge Dee Benson No. 2:13-cv-01070 APPELLANT’S BRIEF Jeffrey S. Rasmussen Fredericks Peebles & Morgan LLP 1900 Plaza Drive Louisville, Colorado 80027 Telephone: 303-673-9600 Facsimile: 303-673-9155/9839 June 2, 2014 Appellate Case: 14-4034 Document: 01019258215 Date Filed: 06/02/2014 Page: 2 TABLE OF CONTENTS JURISDICTION ............................................................................................................................. 2 STATEMENT OF THE ISSUES.................................................................................................... 3 STATEMENT OF THE CASE ....................................................................................................... 3 A. The First Adjudication of the Tribe’s Reservation Boundaries ........................................... 5 B. The State of Utah’s Second Relitigation -
Law ([email protected]) Kevin Deeley, Acting Associate General Counsel ([email protected]) Harry J
Case 2:15-cv-00439-DB Document 36 Filed 02/24/16 Page 1 of 21 Daniel A. Petalas, Acting General Counsel ([email protected]) Lisa J. Stevenson, Deputy General Counsel – Law ([email protected]) Kevin Deeley, Acting Associate General Counsel ([email protected]) Harry J. Summers, Assistant General Counsel ([email protected]) Kevin P. Hancock, Attorney ([email protected]) Claudio J. Pavia, Attorney ([email protected]) FOR THE PLAINTIFF FEDERAL ELECTION COMMISSION 999 E Street NW Washington, DC 20463 (202) 694-1650 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION _______________________________________ ) FEDERAL ELECTION COMMISSION, ) ) Plaintiff, ) Case No. 2:15CV00439 DB ) v. ) ) AMENDED JEREMY JOHNSON ) COMPLAINT ) and ) ) District Judge Dee Benson JOHN SWALLOW, ) ) Defendants. ) ) PLAINTIFF FEDERAL ELECTION COMMISSION’S AMENDED COMPLAINT FOR CIVIL PENALTY, DECLARATORY, INJUNCTIVE, AND OTHER APPROPRIATE RELIEF Plaintiff Federal Election Commission (“Commission” or “FEC”), for its Complaint against defendants Jeremy Johnson and John Swallow, alleges as follows: Case 2:15-cv-00439-DB Document 36 Filed 02/24/16 Page 2 of 21 INTRODUCTION 1. During the 2009-2010 campaign cycle for federal elections, Utah businessman Jeremy Johnson knowingly and willfully made campaign contributions that violated the Federal Election Campaign Act (“FECA” or “Act”) because they exceeded applicable limits and were made in the names of other persons, and former Utah Attorney General John Swallow knowingly and willfully violated FECA by making contributions in the name of another when he caused, helped, and assisted Johnson to advance or reimburse the contributions of straw donors to a candidate for United States Senate. 2. In 2009 and 2010, FECA provided that no person could contribute in excess of $2,400 per election to any federal candidate. -
Barron Nomination Could Be on Senate Floor As Early As This Week
WASHINGTON LEGISLATIVE OFFICE URGENT: BARRON NOMINATION COULD BE ON SENATE FLOOR AS EARLY AS THIS WEEK May 5, 2014 Re: Need for All Senators to Read Key OLC Opinions, Including Ones Authorizing the Killing of a United States Citizen Away from a Battlefield, Before Voting on the Nomination of their Author, David Barron, for the AMERICAN CIVIL United States Court of Appeals for the First Circuit LIBERTIES UNION WASHINGTON LEGISLATIVE OFFICE 915 15th STREET, NW, 6 TH FL Dear Senator: WASHINGTON, DC 20005 T/202.544.1681 F/202.546.0738 Before voting on the nomination of David Barron for the United States WWW.ACLU.ORG Court of Appeals for the First Circuit, the American Civil Liberties Union LAURA W. MURPHY strongly urges you to read the two known Justice Department legal opinions, DIRECTOR authored or signed by Mr. Barron, which reportedly authorized the killing of an NATIONAL OFFICE American citizen by an armed drone, away from a battlefield. The ACLU also 125 BROAD STREET, 18 TH FL. urges you to obtain and read any and all other legal opinions related to the NEW YORK, NY 10004-2400 T/212.549.2500 targeted killing or armed drone program that were written or signed by Mr. Barron. The ACLU does not endorse or oppose any nominee, but strongly urges OFFICERS AND DIRECTORS SUSAN N. HERMAN the Senate to delay any vote on confirmation of Mr. Barron until all senators have PRESIDENT an opportunity to read, with advice of cleared staff, these legal opinions that ANTHONY D. ROMERO authorized an unprecedented killing, as well as any other opinions written or EXECUTIVE DIRECTOR signed by Mr. -
Trump Judges: Even More Extreme Than Reagan and Bush Judges
Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges. -
Bruce Ackerman
BOOK REVIEW CONSTITUTIONAL ALARMISM THE DECLINE AND FALL OF THE AMERICAN REPUBLIC. By Bruce Ackerman. Cambridge, Mass.: The Belknap Press of Harvard University Press. 2010. Pp. 270. $25.95. Reviewed by Trevor W. Morrison∗ INTRODUCTION The Decline and Fall of the American Republic is a call to action. Professor Bruce Ackerman opens the book with the claim that “some- thing is seriously wrong — very seriously wrong — with the tradition of government that we have inherited” (p. 3). The problem, he says, is the modern American presidency, which he portrays as recently trans- formed into “an especially dangerous office” (p. 189 n.1) posing “a se- rious threat to our constitutional tradition” (p. 4). Ackerman urges us to confront this “potential for catastrophic decline — and act before it is too late” (p. 11). Concerns of this kind are not new. Indeed, in some respects De- cline and Fall reads as a sequel to Professor Arthur Schlesinger’s 1973 classic, The Imperial Presidency.1 Ackerman writes consciously in that tradition, but with a sense of renewed urgency driven by a convic- tion that “the presidency has become far more dangerous today” than in Schlesinger’s time (p. 188). The sources and mechanisms of that purported danger are numerous; Decline and Fall sweeps across jour- nalism, national opinion polls, the Electoral College, civilian-military relations, presidential control of the bureaucracy, and executive branch lawyering to contend that “the foundations of our own republic are eroding before our very eyes” (p. 188). ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ∗ Professor of Law, Columbia University. For helpful comments on earlier drafts, I thank Akhil Amar, David Barron, Ariela Dubler, Jack Goldsmith, Marty Lederman, Peter Margulies, Gillian Metzger, Henry Monaghan, Rick Pildes, Jeff Powell, John Witt, and participants in faculty workshops at Vanderbilt University and the University of Washington. -
The Death Penalty As Torture
The Death Penalty as Torture bessler DPT last pages.indb 1 1/12/17 11:47 AM Also by John D. Bessler Death in the Dark: Midnight Executions in Amer i ca Kiss of Death: Amer i ca’s Love Affair with the Death Penalty Legacy of Vio lence: Lynch Mobs and Executions in Minnesota Writing for Life: The Craft of Writing for Everyday Living Cruel and Unusual: The American Death Penalty and the Found ers’ Eighth Amendment The Birth of American Law: An Italian Phi los o pher and the American Revolution Against the Death Penalty (editor) bessler DPT last pages.indb 2 1/12/17 11:47 AM The Death Penalty as Torture From the Dark Ages to Abolition John D. Bessler Carolina Academic Press Durham, North Carolina bessler DPT last pages.indb 3 1/12/17 11:47 AM Copyright © 2017 John D. Bessler All Rights Reserved Library of Congress Cataloging-in-Publication Data Names: Bessler, John D., author. Title: The death penalty as torture : from the dark ages to abolition / John D. Bessler. Description: Durham, North Carolina : Carolina Academic Press, 2016. | Includes bibliographical references and index. Identifiers: LCCN 2016036253 | ISBN 9781611639261 (alk. paper) Subjects: LCSH: Capital punishment--History. | Capital punishment--United States. Classification: LCC K5104 .B48 2016 | DDC 345/.0773--dc23 LC record available at https://lccn.loc.gov/2016036253 Carolina Academic Press, LLC 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America bessler DPT last pages.indb 4 1/12/17 11:47 AM For all victims of torture bessler DPT last pages.indb 5 1/12/17 11:47 AM bessler DPT last pages.indb 6 1/12/17 11:47 AM “Can the state, which represents the whole of society and has the duty of protect- ing society, fulfill that duty by lowering itself to the level of the murderer, and treating him as he treated others? The forfeiture of life is too absolute, too irre- versible, for one human being to inflict it on another, even when backed by legal process.” — U.N. -
A Close Reading of Barnette, in Honor of Vincent Blasi
FIU Law Review Volume 13 Number 4 Barnette at 75: The Past, Present, and Future of the Fixed Star in Our Constitutional Article 8 Constellation Spring 2019 A Close Reading of Barnette, in Honor of Vincent Blasi Paul Horwitz Gordon Rosen Professor, Hugh F. Culverhouse Jr. School of Law, University of Alabama Follow this and additional works at: https://ecollections.law.fiu.edu/lawreview Part of the Constitutional Law Commons, First Amendment Commons, Legal Education Commons, and the Religion Law Commons Online ISSN: 2643-7759 Recommended Citation Paul Horwitz, A Close Reading of Barnette, in Honor of Vincent Blasi, 13 FIU L. Rev. 689 (2019). DOI: https://dx.doi.org/10.25148/lawrev.13.4.8 This Article is brought to you for free and open access by eCollections. It has been accepted for inclusion in FIU Law Review by an authorized editor of eCollections. For more information, please contact [email protected]. 05 - HORWITZ.DOCX (DO NOT DELETE) 4/6/19 12:41 PM A CLOSE READING OF BARNETTE, IN HONOR OF VINCENT BLASI Paul Horwitz* I am aware that we must decide the case before us and not some other case. But that does not mean that a case is dissociated from the past and unrelated to the future.1 —Justice Felix Frankfurter I. INTRODUCTION Because he spent years teaching at both Columbia and the University of Virginia (after stints at Texas and Michigan), Vincent Blasi has been influential, as a colleague or teacher, for many contemporary First Amendment scholars. Although all of us have learned from his first-rate body of writing on the First Amendment, his influence as a teacher has been no less profound. -
The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World
NYLS Law Review Vols. 22-63 (1976-2019) Volume 56 Issue 1 Civil Liberties 10 Years After 9/11 Article 2 January 2012 The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World Peter M. Shane The Ohio State University Moritz College of Law Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Law and Politics Commons, Law and Society Commons, Military, War, and Peace Commons, and the National Security Law Commons Recommended Citation Peter M. Shane, The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World, 56 N.Y.L. SCH. L. REV. 28 (2011-2012). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. VOLUME 56 | 2011/12 PETER M. SHANE The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World ABOUT THE AUTHOR: Jacob E. Davis and Jacob E. Davis II Chair in Law, The Ohio State University Moritz College of Law. 27 THE PROSpeCTS FOR A DemoCRATIC PRESIdeNCY IN A POST-9/11 WORld [W]hen I won [the] election in 2008, one of the reasons I think that people were excited about the campaign was the prospect that we would change how business is done in Washington. And we were in such a hurry to get things done that we didn’t change how things got done. And I think that frustrated people. -
A Call for Institutional Reform of the Office of Legal Counsel
\\server05\productn\H\HLP\4-1\HLP102.txt unknown Seq: 1 11-FEB-10 17:43 A Call for Institutional Reform of the Office of Legal Counsel Bradley Lipton* INTRODUCTION The Office of Legal Counsel (OLC) has been deemed “the most impor- tant government office you’ve never heard of” by Newsweek magazine.1 In- deed, the office is extraordinarily powerful, standing as the legal arbiter of what the executive branch can and cannot do. With great power, so the saying goes, comes great responsibility—to fairly and forthrightly interpret the law, to hold the government back when it risks overreaching, and to settle disputes with an even hand. Yet during the Administration of George W. Bush, OLC let partisan political interests and ideology interfere with its function as fair-minded authority. As a result, the office has sanctioned— and the executive branch has pursued—legally unsound policies. This con- duct most prominently entered the public consciousness in two incidents: the sanctioning of torture by U.S. military forces2 and the politicization of hiring at the Department of Justice.3 The nomination of OLC head Dawn Johnsen has also recently prompted controversy.4 This Essay explains what went wrong in the Office of Legal Counsel during the Bush Administration and suggests institutional reform to prevent such problems in the future. I begin by showing how OLC’s conduct vio- lated widely held norms within the legal community. Though many observ- ers have focused on OLC’s actions authorizing torture, this Essay contends, on the basis of more recently released documents, that the office’s role per- mitting warrantless wiretapping within the United States was a unique viola- tion of lawyerly values. -
Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee
Stanford Law Review Volume 73 June 2021 NOTE Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee William S. Janover* Abstract. As arbiter of the constitutionality of executive actions, the Department of Justice Office of Legal Counsel (OLC) possesses vast authority over the operation of the federal government and is one of the primary vessels for the articulation of executive power. It therefore is not surprising that the OLC has found itself at the center of controversy across Democratic and Republican administrations. OLC opinions have justified the obstruction of valid congressional investigations, the targeted killing of an American citizen overseas, repeated military incursions without congressional approval, and, most infamously, torture. These episodes have generated a significant body of proposals to reform, constrain, or altogether eliminate the OLC. All of these proposals can be categorized as either direct or indirect constraints on how the OLC operates. Direct constraints target how the OLC actually creates its legal work product. Indirect constraints instead focus on the OLC’s personnel or the public scrutiny the Office’s opinions will face. This Note expands on this existing body of research, focusing on how one institution unstudied in this context, the United States Senate Judiciary Committee, can operationalize meaningful indirect constraints on the OLC. Unlike the other actors that scholars have examined, the Committee’s position outside the executive branch allows it to sidestep the President’s ever-expanding reach within the federal bureaucracy. At the same time, the Committee’s oversight powers and its central role in the nomination of both the OLC’s leader and Article III judges give it important constitutional and statutory authority to constrain the Office. -
West. the Most Complete CD-ROM Library
West. The most complete CD-ROM library "My experence has shown that West CD-ROM is by far in Utah. the superor product available for Utah.... With the Key Number searching capacity I have with West CD-ROM, I have many more research options and abilities. " Eo Hunt, Salt Lae City, UT UTAH REPOR'RTM AND WE'S(I UTAH CODETM ON CD-ROM GIVES YOU: ~ Utah case law as reported in Pacifc Reporter", 2d from 1945 to date ~ uta Attorney General Opinons from 1977 to date ~ uta Admistrative Code ~ Slip Opinions ~ Utah Code ~ State Constitution ~ Uta Court Rules ~ Uta Orders ~ Session laws, as necessar due to legislative action West CD-ROM librares TMgive you West's exclusive editorial enhancements, including West Topics and Key Numbers, for focused results and faster research. NEW-NATURA LAGUAGE SEARCHING! Now searching with PREMISE(i Research Softare makes West CD-ROM research as easy as tying your issue in plai Englsh. ALSO AVAILABLE ON CD-ROM: West's Tenth Circuit Reporter™and West's Federal Distrct Court Reporter™- Tenth Circuit. FIND OUT MORE ABOUT WEST CD-OM LIBRARIES FOR UTAH. CALL 1-800-255-2549 EXT. 746 WEST CD-ROM LIRAS'" For infomiation about other West Publishing products and services, visit us on the Internet at the DRL: http://ww.westpub.com ~\) (§1996 West Publishing 7-9651-1/8-96 16476961 1.334.194.5 I UtaliD UTAH BAR JOURNAL- Published by The Utah State Bar 645 South 200 East Salt Lake City, Utah 84111 Vol. 9 NO.8 October 1996 Telephone (80 I) 53 1-9077 President VISION OF THE BAR: To lead society in the creation of ajustice system Steven M. -
Federal Judges Association Current Members by Circuit As of 4/28/2020
Federal Judges Association Current Members by Circuit as of 4/28/2020 1st Circuit United States Court of Appeals for the First Circuit Jeffrey R. Howard 0 Kermit Victor Lipez (Snr) Sandra L. Lynch Ojetta Rogeriee Thompson United States District Court District of Maine D. Brock Hornby (Snr) 0 Jon David Levy George Z. Singal (Snr) Nancy Torresen John A. Woodcock, Jr. (Snr) United States District Court District of Massachusetts Allison Dale Burroughs 0 Denise Jefferson Casper Timothy S. Hillman Mark G. Mastroianni George A. O'Toole, Jr. (Snr) Michael A. Ponsor (Snr) Patti B. Saris F. Dennis Saylor Leo T. Sorokin Richard G. Stearns Indira Talwani Mark L. Wolf (Snr) Douglas P. Woodlock (Snr) William G. Young United States District Court District of New Hampshire Paul J. Barbadoro 0 Joseph N. Laplante Steven J. McAuliffe (Snr) Landya B. McCafferty Federal Judges Association Current Members by Circuit as of 4/28/2020 United States District Court District of Puerto Rico Francisco Augusto Besosa 0 Pedro A. Delgado Hernandez Daniel R. Dominguez (Snr) Jay A. Garcia-Gregory (Snr) Gustavo A. Gelpi, Jr. Juan M. Perez-Gimenez (Snr) United States District Court District of Rhode Island Mary M. Lisi (Snr) 0 John J. McConnell, Jr. William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Jose A. Cabranes 0 Guido Calabresi (Snr) Denny Chin Christopher F. Droney (Ret) Peter W. Hall Dennis Jacobs (Snr) Pierre N. Leval (Snr) Raymond J. Lohier, Jr. Gerard E. Lynch (Snr) Jon O. Newman (Snr) Barrington D. Parker, Jr. (Snr) Reena Raggi (Snr) Robert D.