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July 2020 | 79 comments (79 topical, 0 editorial, 0 hidden)
Re: July 2020 (none / 0)
 LIVING ON THE PLANET 
 Society, Culture, History, Information 
by Bernard on Sun Jul 5th, 2020 at 09:05:24 PM EST
Re: July 2020 (4.00 / 2)
Supreme Court rules broad swath of Oklahoma is Native American land for purposes of federal criminal law

The question before the court involved a case brought by Jimcy McGirt, a member of Seminole Nation of Oklahoma, who argued that his case ought to be tried by the federal government because the crimes were committed on the land of historic Muscogee (Creek) Nation.

State, Muscogee (Creek), Cherokee, Chickasaw, Choctaw, and Seminole Nations Release Joint Statement in Response to SCOTUS Decision in McGirt Case

by Oui on Thu Jul 9th, 2020 at 05:46:50 PM EST
[ Parent ]
Re: July 2020 (4.00 / 2)
This could turn out to be a pretty big deal in the long run. If you set the starting point in 1790 or maybe 1800, and say that all of the treaties and since then are going to be honored, there are very large chunks of the country that will have to be reconsidered. Check out the Fort Laramie Treaties for example.
by asdf on Fri Jul 10th, 2020 at 04:37:07 PM EST
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big deal (none / 1)
because 1. 99% of US does not understand that "tribal" nations are sovereign; thus, 2. they weren't expecting SCOTUS to respect international "law of nations" or 3. much less observe the letter of federal statutes.
(1) Once  a federal reservation is established, only  Congress can diminish or disestablish it. Doing so requires a clear expression of congressional intent. Pp. 6-8.
(2) Oklahoma claims that Congress ended the Creek Reservation during the so-called "allotment era"--a period when Congress sought to pressure many tribes to abandon their communal lifestyles and parcel their lands into smaller lots owned by individual tribal members. Missing from the allotment-era agreement with the Creek, see 31 Stat. 862-864, however, is any statute evincing anything like the "present and total surrender of all tribal interests" in the affected lands. And this Court has already rejected the argument that allotments automatically ended reservations. Pp. 8-13
(3) Oklahoma points to other ways Congress intruded on the Creeks' promised right to self-governance during the allotment era, including abolishing the Creeks' tribal courts, 30 Stat. 504-505, and requiring Presidential approval for certain tribal ordinances, 31 Stat. 872. But these laws fall short of eliminating all tribal interest in the contested lands. Pp. 13-17.
[...]
(e) Finally, Oklahoma warns of the potential consequences that will follow a ruling against it, such as unsettling an untold number of convictions and frustrating the State's ability to prosecute crimes in the future. This Court is aware of the potential for cost and conflict around jurisdictional boundaries. But Oklahoma and its tribes have proven time and again that they can work successfully together as partners, and Congress remains free to supplement its statutory directions about the lands in question at any time. Pp. 36-42.
McGIRT v. OKLAHOMA, with Sharp v. Murphy (criminal appellant)
GORSUCH, J., delivered  the  opinion  of  the  Court,  in  which  GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined.  ROBERTS, C. J., filed a dissenting opinion, in which SCALITO and KAVANAUGH, JJ., joined, and in which THOMAS, J., joined, except as to footnote 9. THOMAS, J., filed a dissenting opinion.
This is a "narrow" judgement primarily affirming law enforcement between governments, inter alia, not altering Creek territorial area--reduced in 1866 to present size, notwithstanding sales of personal real estate. Always read the footnotes.


Diversity is the key to economic and political evolution.
by Cat on Wed Jul 15th, 2020 at 01:05:52 AM EST
[ Parent ]
archived (none / 1)
Tue Dec 17th, 2019

BONUS


Diversity is the key to economic and political evolution.

by Cat on Wed Jul 15th, 2020 at 01:10:55 AM EST
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Re: big deal (none / 0)
Plaintiffs' solidarity versus OK dissolve in less than a month over "intersectional" lobbies to cede sovereignty for a fee. Stirs embarrassment, "desperate decisions".

Coffee klatsch legal "analysis" dissolves into FIFTH WAVE Melania "shaming," Trump "base" camp messaging, original sin(s) "complicity," and Portland tear gas memes.

Diversity is the key to economic and political evolution.

by Cat on Sat Jul 25th, 2020 at 09:27:58 PM EST
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Re: July 2020 (none / 0)
Since it could turn out to be a pretty big deal, I find it hard to believe that it will actually be enforced. Didn't president Jackson have a pithy statement on the relationship between the judiciary and enforcement?
by fjallstrom on Thu Aug 13th, 2020 at 10:36:32 AM EST
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Re: July 2020 (none / 1)
by asdf on Fri Jul 10th, 2020 at 05:05:06 PM EST
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Not the Onion (none / 1)
Russian ice cream in 'gay propaganda' row
A Russian ice cream maker has been accused of promoting homosexuality after using a rainbow on its packaging.

The head of Russia's official Union of Women said the image amounted to "propaganda" for gay and lesbian relations in a video conference with President Vladimir Putin.

Homosexuality was decriminalised in Russia in 1993, but those deemed to be promoting "homosexual behaviour among minors" face fines of up to 500,000 roubles ($7,000).

"They're quietly promoting these nice rainbow colours, using nice words, they're advertising an ice cream called Rainbow," Yekaterina Lakhova, who is also a former MP, told the Russian president.

This, Ms Lakhova added, could potentially make Russian children more accepting of the rainbow flag used by the LGBTQ community.

by Bernard on Sat Jul 11th, 2020 at 06:40:09 PM EST
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Re: July 2020 (none / 0)
Hackers Convinced Twitter Employee to Help Them Hijack Accounts - Motherboard
A Twitter insider was responsible for a wave of high profile account takeovers on Wednesday, according to leaked screenshots obtained by Motherboard and two sources who took over accounts.

On Wednesday, a spike of high profile accounts including those of Joe Biden, Elon Musk, Bill Gates, Barack Obama, Uber, and Apple tweeted cryptocurrency scams in an apparent hack.

"We used a rep that literally done all the work for us," one of the sources told Motherboard. The second source added they paid the Twitter insider. Motherboard granted the sources anonymity to speak candidly about a security incident. A Twitter spokesperson told Motherboard that the company is still investigating whether the employee hijacked the accounts themselves or gave hackers access to the tool.

The accounts were taken over using an internal tool at Twitter, according to the sources, as well as screenshots of the tool obtained by Motherboard.

by Bernard on Thu Jul 16th, 2020 at 08:11:03 PM EST
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Re: July 2020 (none / 0)
by Oui on Mon Jul 27th, 2020 at 04:28:04 PM EST
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Re: July 2020 (none / 1)
by Bernard on Tue Aug 4th, 2020 at 06:20:38 PM EST
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Putin's Apprentice 😎
by Oui on Tue Aug 4th, 2020 at 06:46:23 PM EST
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Re: July 2020 (none / 0)
Tik Tok Canada UK Australia New Zealand

Microsoft confirms talks to buy TikTok in U.S. and 4-Eyes allies | CNBC |

President Trump said that he opposed the idea of Microsoft buying TikTok and that he would move to ban the app in the U.S.

The two companies have looked at Microsoft buying TikTok in the U.S., Canada, Australia and New Zealand.

TikTok Planning London HQ

The UK government has reportedly approved allowing Chinese video app TikTok to launch its headquarters in London.

by Oui on Tue Aug 4th, 2020 at 08:14:57 PM EST
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July 2020 | 79 comments (79 topical, 0 editorial, 0 hidden)
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