Wednesday, January 7, 2015
Foundation Professor of Law Robert N. Clinton was quoted in an article for the January 2015 issue of the ABA Journal titled “100 Years of Law.”
The article addressed the use of eagle feathers for religious ceremonies, restrictions placed by the government according to the Bald and Gold Eagle Protection Act and the subsequent difficulties in legally obtaining eagle parts. In past cases, these elements together have been seen as violations to the First Amendment’s free exercise clause and the Religious Freedom Restoration Act.
Clinton discussed how such cases have helped show favor to Indian religious rights as well as the issue of Indians who are not members of federally recognized tribes. According to the Bald and Gold Eagle Protection Act, there are exceptions for Indian tribes to use eagle parts for religious purposes. This also brings up the issue of intertribal marriage and the blood quantum requirements that prevent some people from joining tribes.
To read the full article, please click here.
Clinton teaches and writes about federal Indian law, tribal law, Native American history, constitutional law, federal courts, cyberspace law, copyrights, and civil procedure. His publications include numerous articles on federal Indian law and policy, constitutional law, and federal jurisdiction. He is the co-author of casebooks on Indian law and federal courts, The Handbook of Federal Indian Law (1982 ed.) and multiple editions of American Indian Law: Native Nations and the Federal System, Colonial and American Indian. He also is a Faculty Fellow in the Center of Law, Science & Innovation.