AuthorTitleCitationSummaryYearKey Term
Dena L. Silliman, Esq. Francis Browning Pipestem: a Great and Savage Warrior 24 American Indian Law Review IX (2000) On August 2, 1999, F. Browning Pipestem passed from this life and Indian country suffered the loss of its most zealous advocate. Browning Pipestem, award-winning attorney and scholar, spent thirty-one years in the pursuit of justice, the protection of tribal sovereignty, and judicial and legislative confirmation of the rights of tribes and Indian; Search Snippet: ...of eight, his early years were spent at the Chilocco Indian School a government boarding school for Indians located on the Oklahoma-Kansas border. Browning could entertain for... 2000  
Victoria Roman FROM APOLOGY TO ACTION: A COMMENT ON TRANSITIONAL JUSTICE IN THE UNITED STATES AND CANADA 37 Maryland Journal of International Law 122 (2022) On September 30, 2021, National Day of Remembrance for Native Americans, Senator Elizabeth Warren (D-Mass) and the Co-Chairs of the Congressional Native American Caucus reintroduced The Truth and Healing Commission on Indian Boarding School Policies in the United States. U.S. Secretary of the Interior Deb Haaland (Laguna Pueblo) first introduced... 2022  
Gail T. Kulick , Tadd M. Johnson , Rebecca St. George , Emily Segar-Johnson From Dysfunction and Polarization to Legislation: Native American Religious Freedom Rights and Minnesota Autopsy Law 42 Mitchell Hamline Law Review 1699 (2016) I. Introduction. 1700 II. Two Deaths, Two Court Orders. 1702 III. Why Tribal Religions Went Underground. 1708 IV. The Law in Minnesota. 1712 V. The Legislative Process. 1716 VI. Aftermath. 1720; Search Snippet: ...were asked to work with the federal government to create boarding schools for Indians. [FN67] They were to Christianize and civilize Native Americans, thus... 2016  
Charisa Smith FROM EMPATHY GAP TO REPARATIONS: AN ANALYSIS OF CAREGIVING, CRIMINALIZATION, AND FAMILY EMPOWERMENT 90 Fordham Law Review 2621 (May, 2022) America's legacy of violent settler colonialism and racial capitalism reveals a misunderstood and neglected civil rights concern: the forced separation of families of color and unwarranted state intrusion upon caregiving through criminalization and surveillance. The War on Drugs, the Opioid Crisis, and the COVID-19 pandemic are a few examples... 2022  
Megan Scanlon From Theory to Practice: Incorporating the "Active Efforts" Requirement in Indian Child Welfare Act Proceedings 43 Arizona State Law Journal 629 (Summer 2011) Poverty, poor housing, lack of modern plumbing, and overcrowding are often cited by social workers as proof of parental neglect and are used as grounds for beginning custody proceedings. In a recent California case, the State tried to apply poverty as a standard against a Rosebud Sioux mother and child. At the mother's bidding, the child's aunt; Search Snippet: ...FROM THEORY TO PRACTICE: INCORPORATING THE ACTIVE EFFORTS REQUIREMENT IN INDIAN CHILD WELFARE ACT PROCEEDINGS Megan Scanlon [FNa1] Copyright (c) 2011 Arizona... 2011 Child Welfare
Daniel E. Witte Getting a Grip on National Service: Key Organizational Features and Strategic Characteristics of the National Service Corps (Americorps) 1998 Brigham Young University Law Review 741 (1998) Of all the initiatives and programs that President Bill Clinton has supported during his Administration, the National Service Corps (sometimes referred to as AmeriCorp, but hereinafter also referred to as the Corps) is arguably the program that the President regards as the most important and personally fulfilling, as well as the most; Search Snippet: ...my analysis concerning Native American parental rights issues and the Indian Child Welfare Act, 25 U.S.C. §§ 1901 1963 (1994) ; Paul D... 1998  
Allison M. Dussias Ghost Dance and Holy Ghost: the Echoes of Nineteenth-century Christianization Policy in Twentieth-century Native American Free Exercise Cases 49 Stanford Law Review 773 (April, 1997) In the late nineteenth century, Native Americans were the subject of a United States government Christianization policy that attempted, with the help of Christian churches, to convert Native Americans to Christianity by assigning reservations to Christian groups for proselytization purposes and by suppressing Native American religious beliefs and; Search Snippet: ...enterprise of rescuing from lives of barbarism and savagery these Indian children, and conferring upon them the benefits of an educated civilization... 1997  
Paul Kuruk Goading a Reluctant Dinosaur: Mutual Recognition Agreements as a Policy Response to the Misappropriation of Foreign Traditional Knowledge in the United States 34 Pepperdine Law Review 629 (2007) I. Introduction II. Part One: Protection of Native American Cultural Heritage A. Government Policy Towards Native Americans B. Legislative Initiatives on Cultural Heritage C. Tribal Courts' Control of Indigenous Heritage III. Part Two: Constitutional Issues in the Quest for Better Protection of Native American Cultural Heritage A. Traditional; Search Snippet: ...denominations with control over education on specific reservations; conversion of Indian children to Christianity was seen as a first step to assimilation ... Toward the end of the nineteenth century, Indian boarding schools were preferred. Youngsters would be taken by force, if... 2007  
Ronald M. Walters Goodbye to Good Bird: Considering the Use of Contact Agreements to Settle Contested Adoptions Arising under the Indian Child Welfare Act 6 University of Saint Thomas Law Journal 270 (Fall 2008) After two years of heated litigation, settling Christian Good Bird's contested adoption outside of the courtroom must have relieved his biological mother, tribe and adoptive parents, but the decision almost certainly generated feelings of uncertainty about what long-term effects the compromise would have on Christian as well. Indeed, Christian's; Search Snippet: ...OF CONTACT AGREEMENTS TO SETTLE CONTESTED ADOPTIONS ARISING UNDER THE INDIAN CHILD WELFARE ACT Ronald M. Walters [FN1] Copyright (c) 2009 University... 2008 Child Welfare
Carrie E. Garrow Government Law and Policy and the Indian Child Welfare Act 86-APR New York State Bar Journal 10 (March/April, 2014) Since the formation of the United States, Indian nations and Indian people have been impacted by the numerous laws and policies focused on acquisition of Indian lands and assimilation of Indian people. These federal laws and policies led to states, such as New York, breaking up Indian families and removing Indian children from their homes in order; Search Snippet: ...Journal March/April, 2014 GOVERNMENT LAW AND POLICY AND THE INDIAN CHILD WELFARE ACT Carrie E. Garrow [FNa1] Copyright © 2014 by the... 2014 Child Welfare
Kennedy Ray Fite HAALAND v. BRACKEEN: THE DECISION THAT THREATENED THE INDIAN CHILD WELFARE ACT'S PROTECTIONS OF NATIVE FAMILIES IN ILLINOIS 54 Loyola University Chicago Law Journal 1109 (Summer, 2023) The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States' tragic history of family separation in tribal communities,... 2023 Child Welfare
Carrie A. Martell , Sarah Deer Heeding the Voice of Native Women: Toward an Ethic of Decolonization 81 North Dakota Law Review 807 (2005) How often have we heard it reiterated that the destiny of the world depends on woman--that woman is the appointed agent of morality--the inspirer of those feelings and dispositions which form the moral nature of man . . . . The elevation of our race does depend upon the manner in which woman executes this commission. Nor does the destiny of man as; Search Snippet: ...the equilibrium that traditionally existed between genders. Mandatory for most Native children, the boarding schools sought to civilize tribal communities by training students to... 2005  
John F. Clark , President and CEO, The National Center for Missing & Exploited Children HELP FOR MISSING AMERICAN INDIAN AND ALASKA NATIVE CHILDREN 69 Department of Justice Journal of Federal Law and Practice 5 (January, 2021) A tribal court was so concerned about the welfare of four children, ages 5, 6, 11, and 14, that it removed them from their home and placed them with a family outside the reservation for their protection. Their mother was ordered to have absolutely no contact with them. It wasn't long before an AMBER Alert was issued in Wyoming, underscoring why the... 2021  
Ndjuoh MehChu HELP ME TO FIND MY CHILDREN: A THIRTEENTH AMENDMENT CHALLENGE TO FAMILY SEPARATION 17 Stanford Journal of Civil Rights & Civil Liberties 133 (February, 2021) The Trump Administration's forced separation of migrant families at the U.S.-Mexico border is an international fault line in the global human rights framework. The scope, severity, and urgency of the issue speak clearly to the need for a diversity of strategies to protect migrant groups. With that in mind, this Article draws attention to a thus-far... 2021  
Hope Babcock Here Today, Gone Tomorrow--is Global Climate Change Another White Man's Trick to Get Indian Land? The Role of Treaties in Protecting Tribes as They Adapt to Climate Change 2017 Michigan State Law Review 371 (2017) Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,; Search Snippet: ...the lands in question it would result in a checker- boarding of regulatory authority, which would upset and disrupt the justifiable expectations' of non- Indian landowners, [FN108] as would happen in the case of a... 2017  
Vinita B. Andrapalliyal History Repeats Itself: Parallels Between Current-day Threats to Immigrant Parental Rights and Native American Parental Rights in the Twentieth Century 8 University of Massachusetts Law Review 562 (Spring, 2013) Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants' limited access to the U.S. legal system are; Search Snippet: ...century. It suggests that a federal statute modeled on the Indian Child Welfare Act may be able to comprehensively address the issues... 2013  
N. Lauryn Boston HON. ALLIE GREENLEAF MALDONADO 69-APR Federal Lawyer 16 (March/April, 2022) The reservation lands of the Little Traverse Bay Bands of Odawa Indians (LTBB Tribe) lie along the picturesque northern shores of Michigan's Lower Peninsula, where great white pine, red oak, and colorful sugar maple dominate the landscape of a region once called by the native Odawa the land of the crooked tree. It is here that the Hon. Allie... 2022  
Ryan D. Dreveskracht House Republicans Add Insult to Native Women's Injury 3 University of Miami Race & Social Justice Law Review Rev. 1 (2013) Introduction. 1 Background and Context. 2 What's the Big Deal? It Isn't That Bad.. 12 Constitutionality and Supreme Court Review. 21 Conclusion. 27; Search Snippet: ...à-vis Indian women). . Patrice H. Kunesh, Transcending Frontiers: Indian Child Welfare in the United States , 16 B.C. Third World L.J. 17, 22 (1996) Under this policy, Indian children were taken from their families on the reservations and sent, often across the country, to attend boarding schools. Id. It was the goal of the federal government to place Indian children in a totally foreign and controlled environment where they would... 2013  
Amy Mulzer, Tara Urs However Kindly Intentioned: Structural Racism and Volunteer Casa Programs 20 CUNY Law Review 23 (Winter 2016) A Judge McClellan in Lansing had authority over me and all of my brothers and sisters. We were state children, court wards; he had the full say-so over us. A white man in charge of a black man's children! Nothing but legal, modern slavery--however kindly intentioned. The Autobiography of Malcolm X Introduction. 23 I. Child Welfare and the Role; Search Snippet: ...about 1880, that the United States government began to promote boarding schools for Native American children as a primary means to assimilate them. By 1900, the government had established boarding schools for about 21,500 Native American children. Officials sought to remove every [ Native] child to a boarding school for a period of at least three years. [FN113... 2016  
Jennifer Hendry , Melissa L. Tatum Human Rights, Indigenous Peoples, and the Pursuit of Justice 34 Yale Law and Policy Review 351 (Spring 2016) Introduction. 352 I. The Rights-Based Approach and Indigenous Alternatives. 354 A. The Functioning, Origins, and Critique of the Rights-Based Approach. 355 B. Indigenous Alternatives. 360 II. Failures of the Right-Based Approach. 364 A. Conflicts Between Sovereign Governments. 365 B. Disputes over Regulatory Issues. 368 C. Individual Claims. 370 D; Search Snippet: ...this goal through two primary methods: (1) the removal of Indian children from their families and their education at boarding schools; and (2) the allotment process, in which Congress divided... 2016  
Taylor Dow Icwa and the Unwed Father: a Constitutional Corrective 167 University of Pennsylvania Law Review 1513 (May, 2019) The Indian Child Welfare Act provides important procedural protections for American Indian children, the parents of American Indian children, tribes, and Indian custodians in state court child custody proceedings. However, the Act excludes unwed fathers who have not acknowledged or established their paternity from its definition of parent. This; Search Snippet: ...2019 by University of Pennsylvania Law Review; Taylor Dow The Indian Child Welfare Act provides important procedural protections for American Indian children, the parents of American Indian children, tribes, and Indian custodians in state court child custody proceedings... 2019  
Marcia Zug Icwa International: the Benefits and Dangers of Enacting Icwa-type Legislation in Non-u.s. Jurisdictions 97 Denver Law Review 205 (Fall, 2019) For decades, the Indian Child Welfare Act (ICWA) has been considered the gold standard in Indigenous child protection. As a result, Indigenous advocates around the world have sought the passage of similar legislation. However, it is far from clear that the benefits of the ICWA are easily exported. The ICWA is based on a recognition of tribal; Search Snippet: ...by Denver Law Review; Marcia Zug Abstract For decades, the Indian Child Welfare Act (ICWA) has been considered the gold standard in... 2019  
Marcia Zug ICWA'S IRONY 45 American Indian Law Review 1 (2021) The Indian Child Welfare Act (ICWA or the Act) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act's provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child... 2021  
Tara Hubbard , Fred Urbina ICWA--THE GOLD STANDARD 58-AUG Arizona Attorney 32 (July/August, 2022) In its next term, the Supreme Court of the United States has the important task of deciding the constitutionality of the Indian Child Welfare Act (ICWA) in Haaland, Sec. of Interior, et al. v. Brackeen, Chad E., et al. This case started in the Northern District of Texas when several non-Native prospective adoptive placements brought suit, alleging... 2022  
Sherry Hutt If Geronimo Was Jewish: Equal Protection and the Cultural Property Rights of Native Americans 24 Northern Illinois University Law Review 527 (Summer 2004) C1-3Table of Contents I. Application of the Equal Protection Clause to Native Americans. 528 II. A Short History of Indian Law: Special is Not Equal. 532 III. Geronimo: From Arizona to Florida. 536 IV. If Geronimo Was Jewish. 539 V. If Geronimo Was a Rap Star: Intellectual Property Law Versus Intangibles in Natural Law. 551 VI. If Geronimo Was an; Search Snippet: ...rights advances were being fought and won for African Americans, Native Americans saw their families divided and their children sent to boarding schools, their medical needs, housing and other services tightly controlled... 2004  
Caroline M. Turner Implementing and Defending the Indian Child Welfare Act Through Revised State Requirements 49 Columbia Journal of Law and Social Problems 501 (Summer, 2016) The Indian Child Welfare Act, enacted in 1978, was designed to protect Indian children and enhance the stability of Indian tribes and families. It sets forth minimum federal standards applicable in proceedings involving the termination of parental rights, pre-adoption placement, and adoption placement. From its inception, there has been resistance; Search Snippet: ...Law and Social Problems Summer, 2016 IMPLEMENTING AND DEFENDING THE INDIAN CHILD WELFARE ACT THROUGH REVISED STATE REQUIREMENTS Caroline M. Turner [FNa1... 2016 Child Welfare
Samuel E. Ennis Implicit Divestiture and the Supreme Court's (Re)construction of the Indian Canons 35 Vermont Law Review 623 (Spring, 2011) Taken together, the Indian canons of construction and the doctrine of implicit divestiture seem paradoxical. On the one hand, the Indian canons, rules of statutory construction originally developed to protect Indian tribes from unscrupulously drafted statutes and treaties, protect tribal sovereignty against non-Indian encroachment. On the other,; Search Snippet: ...a long and tumultuous history. Essentially, the U.S. government took Indian children from their families and placed them into federally administered boarding schools where they were forced to dress, talk, and act... 2011  
Lanette P. Dalley Imprisoned Mothers and Their Children: Their Often Conflicting Legal Rights 22 Hamline Journal of Public Law and Policy Pol'y 1 (Fall 2000) Justice, it is said, is about acquitting the innocent and punishing the guilty, but when mothers are imprisoned their children become the silent victims and are penalized the most. Robert Shaw (1993) Inmates and their families have been brought to the forefront of not only the correctional system but also to society, largely because of the; Search Snippet: ...American imprisoned mothers throughout the parental termination proceedings since the Indian Child Welfare Act (1978) mandates legal representation for the parents relating... 2000  
Chris Gottlieb IMPROVING RES IPSA LOQUITUR DOCTRINE IN CHILD ABUSE CASES: A STEP TOWARD RACIAL JUSTICE 25 Journal of Gender, Race and Justice 411 (Spring, 2022) C1-2Table of Contents I. Introduction. 412 II. Prosecution of Civil Child Abuse: Demographics and Res Ipsa Loquitur Doctrine. 415 III. Spreading the Blame. 418 IV. Unprincipled Use of Res Ipsa Loquitur Doctrine in Child Abuse Cases: New York Example. 420 V. Principled Use of Res Ipsa Loquitur in the Realm of Child Abuse. 429 VI. Holding Partners... 2022  
C. Eric Davis In Defense of the Indian Child Welfare Act in Aggravated Circumstances 13 Michigan Journal of Race and Law 433 (Spring 2008) The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption; Search Snippet: ...Race and Law Spring 2008 Note IN DEFENSE OF THE INDIAN CHILD WELFARE ACT IN AGGRAVATED CIRCUMSTANCES C. Eric Davis [FNa1] Copyright... 2008 Child Welfare
Jennifer L. Walters In re Elliott: Michigan's Interpretation and Rejection of the Existing Indian Family Exception to the Indian Child Welfare Act 14 Thomas M. Cooley Law Review 633 (Michaelmas Term, 1997) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) as a result of the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people. This legislation's policy is to protect the best interests of Indian children and to promote the stability and security of Indian; Search Snippet: ...AND REJECTION OF THE EXISTING INDIAN FAMILY EXCEPTION TO THE INDIAN CHILD WELFARE ACT [FN2] Jennifer L. Walters Copyright (c) 1997 Thomas... 1997 Child Welfare
Katherine S. Vogel In re Phoenix L., 270 Neb. 870, 708 N.w.2d 786 (2006): an Analysis of Parental Rights and the Nebraska Indian Child Welfare Act 86 Nebraska Law Review 459 (2007) I. Introduction. 459 II. Background. 461 A. The Indian Child Welfare Act. 461 B. The Nebraska Indian Child Welfare Act. 463 C. The Collectivist Goals of the NICWA. 464 D. Parental Rights and Non-Indian Children: In re Phoenix. 465 III. Analysis. 470 A. Parental Rights under the ICWA. 471 B. Does the NICWA violate fundamental rights of Indian; Search Snippet: ...786 (2006): AN ANALYSIS OF PARENTAL RIGHTS AND THE NEBRASKA INDIAN CHILD WELFARE ACT Katherine S. Vogel Copyright (c) 2007 University of... 2007 Child Welfare
Ivy N. Voss In the Best Interest: the Adoption of F.h., an Indian Child 8 BYU Journal of Public Law 151 (January, 1993) The competing interests of biological parents, adoptive parents, extended family, child welfare agencies, and the children themselves make adoption difficult under any circumstances. Even when all parties enter into the adoption intending to provide a secure home for the child there may be genuline, conflicting values and disagreement as to what; Search Snippet: ...Comments IN THE BEST INTEREST: THE ADOPTION OF F.H., AN INDIAN CHILD Ivy N. Voss Copyright (c) 1993 by the Brigham Young... 1993  
  IN THE BEST INTERESTS OF THE CHILD ASYLUM-SEEKER: A THREAT TO FAMILY UNITY 134 Harvard Law Review 1456 (February, 2021) Children need family. And children need safety. The best interests of the child principle attempts to balance those needs in child protection disputes, asking judges to focus on the child's interests when determining whether to remove the child from an allegedly abusive or neglectful home. In practice, the principle has tipped the scale,... 2021  
Bethany R. Berger In the Name of the Child: Race, Gender, and Economics in Adoptive Couple V. Baby Girl 67 Florida Law Review 295 (January, 2015) On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case was ostensibly about a dispute between prospective adoptive parents and a biological father. But this Article demonstrates that; Search Snippet: ...Court decided Adoptive Couple v. Baby Girl , holding that the Indian Child Welfare Act did not permit the Cherokee father in that... 2015  
B.J. JONES In Their Native Lands: the Legal Status of American Indian Children in North Dakota 75 North Dakota Law Review 241 (1999) American Indian children in North Dakota shoulder a unique legal status. They are citizens of three separate political entities: the United States, the state of North Dakota, and the Indian tribe to which they belong. Because the Indian tribes to which they belong maintain a distinctive political relationship with the United States government,; Search Snippet: ...Article IN THEIR NATIVE LANDS: THE LEGAL STATUS OF AMERICAN INDIAN CHILDREN IN NORTH DAKOTA B.J. JONES [FNa1] Copyright (c) 1999 North... 1999  
Sayer Rippey Incarcerated Parents and Child Welfare in Washington 95 Washington Law Review 531 (March, 2020) Abstract: From 2006 to 2016, 32,000 incarcerated parents in the United States permanently lost their parental rights without ever being accused of child abuse. Of these, approximately 5,000 lost their parental rights solely because of their incarceration. This family separation crisis followed on the heels of the Adoption and Safe Families Act; Search Snippet: ...U.S. government's strategy for controlling indigenous communities and eradicating American Indian culture--beginning in the 1870s, indigenous children were taken from their families and communities to be placed in boarding schools where they were violently assimilated into white American culture... 2020 Child Welfare
Allison Elder Indian as a Political Classification: Reading the Tribe Back into the Indian Child Welfare Act 13 Northwestern Journal of Law & Social Policy 410 (Spring, 2018) In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in; Search Snippet: ...AS A POLITICAL CLASSIFICATION: READING THE TRIBE BACK INTO THE INDIAN CHILD WELFARE ACT Allison Elder Copyright © 2018 Northwestern University Pritzker School... 2018 Child Welfare
Claire Newfeld INDIAN BOARDING SCHOOL DEATHS AND THE FEDERAL TORT CLAIMS ACT: A ROUTE TO A REMEDY 55 Arizona State Law Journal 355 (Spring, 2023) Since their founding, the United States, Canadian, and other governments have purported to act as the protectors of Indigenous peoples. While modern federal Indian policy favors self-determination and the preservation of Native culture and land, the vast majority of pre-1960s protective policies interpreted the Native way of life as inferior... 2023  
Melissa Gustafson INDIAN CHILD WELFARE ACT: A ROADBLOCK IN A NATIVE CHILD'S PATHWAY TO PERMANENCY 40 Alaska Law Review 61 (June, 2023) The Indian Child Welfare Act (ICWA) requires the testimony of a qualified expert witness to support, beyond a reasonable doubt, the termination of parental rights in cases involving Native children. Initially, Congress expressed a preference for qualified expert witnesses to possess intimate knowledge of Native tribes' childrearing norms and... 2023 Child Welfare
Matthew L.M. Fletcher, Wenona T. Singel Indian Children and the Federal-tribal Trust Relationship 95 Nebraska Law Review 885 (2017) C1-2TABLE OF CONTENTS I. Introduction. 886 II. Indian Children and the Founding Generation. 892 A. The Treaty and International Law Basis of the Federal-Tribal Trust Relationship. 893 B. Federal Military and Diplomatic Actions. 895 1. Colonial Era. 896 2. Revolutionary War. 899 3. Post-Revolutionary War Era. 901 4. The Northwest Indian War. 903 5; Search Snippet: ...WL 3327921 NEBRASKA LAW REVIEW Nebraska Law Review 2017 Article INDIAN CHILDREN AND THE FEDERAL-TRIBAL TRUST RELATIONSHIP Matthew L.M. Fletcher Wenona... 2017  
Carol Juneau , Denise Juneau Indian Education for All: Montana's Constitution at Work in Our Schools 72 Montana Law Review 111 (Winter 2011) Montana is a leader in education in many respects. The Montana Constitution requires a quality education for all Montana citizens and guarantees educational opportunity for all students regardless of their geographical location, economic status, or heritage. However, Montana is particularly notable across the country for having a constitutional; Search Snippet: ...that effort failed, the federal government set up off-reservation boarding schools to civilize Indian children by taking away all remnants of their culture through removal... 2011  
Nizhone Meza Indian Education: Maintaining Tribal Sovereignty Through Native American Culture and Language Preservation 2015 Brigham Young University Education and Law Journal 353 (2015) The United States government has attempted to accommodate, assimilate, and terminate the Indian since declaring its Independence. Indian Education Policy was no different as it duplicated the general Federal Indian Policy making an indirect substantial impact on tribal sovereignty. This impact is felt today as traditional Native American languages; Search Snippet: ...to encourage individual identity as opposed to tribal identity of Indian children by teaching them how to work and understand the possession... 2015  
Alan R. Velie Indian Identity in the Nineties 23 Oklahoma City University Law Review 189 (Spring-Summer 1998) In this Article, the author addresses how Indians in America identify themselves and how that identification differs from non-Indians' conceptions. For many Indians today, Indianness is a matter of history and of participating in traditional cultural activities, rather than merely being enrolled in a tribe or being a certain blood quantum; Search Snippet: ...ironic that when the U.S. government tried to stamp out Indian languages by shipping Indian children to boarding schools and forbidding them to speak them, the children defied... 1998  
Louis Fisher Indian Religious Freedom: to Litigate or Legislate? 26 American Indian Law Review Rev. 1 (2001-2002) For most of U.S. history, little was done at the national or state level to protect the religious practices of Indians. Initially they were to be civilized, assimilated, and acculturated into American society. Later stages led to exclusion of most Indians from the east coast, the creation of additional reservations, and termination of federal; Search Snippet: ...missionaries and religious societies brought in to establish schools for Indian children. [FN14] President John Quincy Adams told Congress in 1828 that... 2002  
David H. Getches Indian Reserved Water Rights: the Winters Doctrine in its Social and Legal Context, 1880s-1930s. By John Shurts. Norman: University of Oklahoma Press. 2000. Pp. Xv, 333. $39.95. 99 Michigan Law Review 1473 (May, 2001) A single, century-old court decision affects the water rights of nearly everyone in the West. The Supreme Court's two-page opinion in Winters v. United States sent out shock waves that reverberate today. By formulating the doctrine of reserved water rights, the Court put Indian tribes first in line for water in an arid region. Priority is; Search Snippet: ...thought, depended on destruction of Indian culture and reservations. And Indian children were to be civilized by removing them from their families and putting them in boarding schools, where they were forced to give up their dress... 2001  
Daniel M. Rosenfelt Indian Schools and Community Control 25 Stanford Law Review 489 (April, 1973) C1-3Contents I. Indian Education Policy Reviewed. 492 A. Federal School System. 493 B. Federal Assistance to State Schools. 496 1. The Johnson-O'Malley Act. 496 2. Impact aid. 497 3. Termination. 500 C. Legal Obligation to Provide Educational Services. 502 1. Federal obligation. 502 2. State obligation. 505 D. Need for Increased Indian Control. 506; Search Snippet: ...percent attend religious or other schools. [FN4] The education of Indian children receives substantial federal financial support. In fiscal year 1972 the... 1973  
Matthew L.M. Fletcher Indian Tribal Businesses and the Off-reservation Market 12 Lewis & Clark Law Review 1047 (Winter 2008) American Indian tribes once operated regional trade centers, with broad geographical impact. With the arrival of European traders and settlers, this system began to erode, and later, the treaty and reservation system effectively eliminated the regional Indian economic market. Under the policies of measured separatism and assimilation, American; Search Snippet: ...ink on Indian treaties dried. [FN8] Various means of assimilating Indian people--allotment, boarding schools, law-and-order codes, urban relocation, termination, forced-fee... 2008  
Aila Hoss INDIANA'S INDIAN LAWS: INDIGENOUS ERASURE AND RACISM IN THE LAND OF THE INDIANS 30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... 2021  
Angela R. Riley Indians and Guns 100 Georgetown Law Journal 1675 (June, 2012) C1-3Table of Contents L1-2Introduction . L31676 I. Indians and Guns from Contact to Citizenship. 1681 a. indians and guns in the colonial period. 1685 b. indian nations, the constitution, and ratification of the second amendment. 1693 c. the indian as (reservation) citizen. 1701 II. The Indian Civil Rights Act and the Disappearing Second Amendment; Search Snippet: ...to assert their treaty rights. [FN239] The massive removal of Indian children into Indian boarding schools that had begun in earnest in the 1800s to kill the Indian, save the man continued, with the number of enrollees peaking... 2012  
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