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Court: Eagle feathers only for American Indians
Lawyer Blog Updates | 2011/03/28 08:53
div id=bg_contentdiv class=padding10div class=entrydiv class=articlepRestricting use of eagle parts and feathers to members of federally recognized American Indian tribes for religious purposes does not violate the religious freedoms of non-Indians seeking the same right, a federal appeals court ruled Tuesday./ppThe Denver-based U.S. 10th Circuit Court of Appeals found that such a prohibition, under the Bald and Golden Eagle Protection Act, does not violate the federal Religious Freedom Restoration Act./ppTuesday's ruling comes after several cases in which non-Indians, and one man from a tribe that is no longer recognized by the federal government, sought the right to use feathers in their religious practices./ppEagle feathers are believed to be sacred among many Native Americans./ppFederal law requires that eagle carcasses be sent to the National Eagle Repository in Denver, Colo., and that any tribe member wishing to use eagle feathers or parts in ceremonies apply for a permit to do so. The court noted that the repository receives significantly more requests than it has available eagle carcasses so there is already a long waiting period to fulfill permits./ppAll the cases noted in Tuesday's ruling weighed freedom of religion against the government's ability to protect the eagles and help maintain the centuries-old religious practices of Native Americans./ppFederally recognized tribe members agree the law should restrict access to eagle parts to those whose ancestors have been practicing such ceremonies for centuries.
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Anna Nicole Smith doctor subpoenaed by med board
Lawyer Blog Updates | 2011/01/08 09:03
pAnna Nicole Smith's primary doctor, who was acquitted in the late model's high-profile drug prescription case, has been subpoenaed in a separate investigation, his attorney said Friday./ppIt's outrageous, said Ellyn Garafalo, who represents Dr. Sandeep Kapoor. This shows that this is a vendetta./ppShe said Kapoor was standing outside the courtroom where a judge dismissed most charges against Kapoor's co-defendants on Thursday when he was handed a subpoena by a process server representing the California Medical Board./ppGarafalo said the board is investigating cases unrelated to the Smith case./ppShe said Kapoor has treated many severely ill patients and has written numerous prescriptions for them./ppKapoor was tried with Howard K. Stern and psychiatrist Dr. Khristine Eroshevich on charges of excessively prescribing opiates and sedatives for the former Playboy model. A jury acquitted him of all charges./ppAfter a long and costly trial prosecution, Superior Court Judge Robert Perry threw out conspiracy convictions against Stern and Eroshevich, allowing one charge against her to remain but reducing it to a misdemeanor./p


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