AuthorTitleCitationSummaryYear
Preston Sanchez, Esq. , Rebecca Blum Martinez, PhD. A Watershed Moment in the Education of American Indians: a Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools 27 American University Journal of Gender, Social Policy and the Law 183 (2019) I. A Look at New Mexico: Politics, Demographics, Culture, and Student Outcomes. 185 A. Political Climate. 186 B. Demographics. 187 C. Unique Cultural and Linguistic Needs of New Mexico Students:. 189 D. Student Outcomes. 192 II. A Historical Overview of Systemic Discrimination and Forced Assimilation of American Indians. 195 A. The Current Impact... 2019
Preston Sanchez, Esq. , Rebecca Blum Martinez, PhD. A Watershed Moment in the Education of American Indians: a Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools 27 American University Journal of Gender, Social Policy and the Law 317 (2019) I. A Look at New Mexico: Politics, Demographics, Culture, and Student Outcomes. 319 A. Political Climate. 320 B. Demographics. 321 C. Unique Cultural and Linguistic Needs of New Mexico Students:. 323 D. Student Outcomes. 326 II. A Historical Overview of Systemic Discrimination and Forced Assimilation of American Indians. 329 A. The Current Impact... 2019
Judge Lisa L. Atkinson Best Interest of The Child 58 No. 1 Judges' Journal 6 (Winter, 2019) A great general has said that the only good Indian is a dead one, and that high sanction of his destruction has been an enormous factor in promoting Indian massacres. In a sense, I agree with the sentiment, hut only in this: that all the Indian there is in the race should be dead. Kill the Indian in him, and save the man. --Carlisle Indian School... 2019
Neoshia R. Roemer Finding Harmony or Swimming in The Void: The Unavoidable Conflict Between The Interstate Compact on The Placement of Children and The Indian Child Welfare Act 94 North Dakota Law Review 149 (2019) The Indian Child Welfare Act is a federal statute that applies to Indian children who are at the center of child welfare proceedings. While the Indian Child Welfare Act provides numerous protections to Indian children, parents, and tribes, many of these cases play out in state courts which are also required to apply their own requisite, relevant... 2019
Neoshia R. Roemer Finding Harmony or Swimming in The Void: The Unavoidable Conflict Between The Interstate Compact on The Placement of Children and The Indian Child Welfare Act 94 North Dakota Law Review 149 (2019) The Indian Child Welfare Act is a federal statute that applies to Indian children who are at the center of child welfare proceedings. While the Indian Child Welfare Act provides numerous protections to Indian children, parents, and tribes, many of these cases play out in state courts which are also required to apply their own requisite, relevant... 2019
Matthew L.M. Fletcher On Indian Children and The Fifth Amendment 80 Montana Law Review 99 (Winter, 2019) Many of my first memories revolve around my grandmother Laura Mamagona's apartment in Grand Rapids, Michigan. She shared the apartment with my uncle Crockett, who was a college student. Her apartment was the upstairs room of an old house on the side of a hill on College Street. My memories are mostly of domestic activities. Cooking. Sweeping.... 2019
Timothy Sandefur Recent Developments in Indian Child Welfare Act Litigation: Moving Toward Equal Protection? 23 Texas Review of Law and Politics 425 (Spring, 2019) Introduction. 426 I. Brackeen: ICWA as a Race-Based Statute and an Intrusion on State Autonomy. 427 A. How the ICWA Operates. 427 1. Racial or Political Lines?. 427 2. State Autonomy over Family Law. 434 B. The Brackeen Court finds the ICWA Unconstitutional. 441 II. Depriving Indian Parents of the Right to Choose What Is Best for their Children.... 2019
Timothy Sandefur Recent Developments in Indian Child Welfare Act Litigation: Moving Toward Equal Protection? 23 Texas Review of Law and Politics 425 (Spring, 2019) Introduction. 426 I. Brackeen: ICWA as a Race-Based Statute and an Intrusion on State Autonomy. 427 A. How the ICWA Operates. 427 1. Racial or Political Lines?. 427 2. State Autonomy over Family Law. 434 B. The Brackeen Court finds the ICWA Unconstitutional. 441 II. Depriving Indian Parents of the Right to Choose What Is Best for their Children.... 2019
Danielle J. Mayberry The Origins and Evolution of The Indian Child Welfare Act 14 Judicial Notice 34 (2019) Since first contact, federal Indian policy and law has impacted American Indian children and families, targeting them as a means to assimilate Indian Nations into American society. In the beginning, Indian children were targeted for military and diplomatic purposes in order to undermine tribal resistance. This assimilation policy later shifted... 2019
Danielle J. Mayberry The Origins and Evolution of The Indian Child Welfare Act 14 Judicial Notice 34 (2019) Since first contact, federal Indian policy and law has impacted American Indian children and families, targeting them as a means to assimilate Indian Nations into American society. In the beginning, Indian children were targeted for military and diplomatic purposes in order to undermine tribal resistance. This assimilation policy later shifted... 2019
Lori V. Quigley, Ph.D. Thomas Indian School 14 Judicial Notice 48 (2019) In the late 1800s, the United States created special boarding schools in locations all over the United States, with the purpose of civilizing American Indian youth. It was an educational experiment, one that the government hoped would change the traditions and customs of American Indians. In the past several decades, research into these boarding... 2019
Krishnamurthy Subramanian, William Megginson, Indian School of Business, University of Oklahoma Employment Protection Laws and Privatization 61 Journal of Law & Economics 97 (February, 2018) Is privatization in a country related to the stringency of its employment protection laws (EPLs)--and, if so, how? We address these questions using privatization deals in 14 European countries over 3 decades and the changes in EPLs in a country. Using traditional difference-in-differences tests exploiting major changes and generalized... 2018
Carlie Smith Establishing Paternity under The Indian Child Welfare Act 2018 Brigham Young University Law Review 1451 (2018) C1-2Contents I. Introduction. 1451 II. Historical Background. 1455 A. Mississippi Band of Choctaw Indians v. Holyfield. 1458 B. Adoptive Couple v. Baby Girl. 1460 C. BIA Guidelines. 1461 III. Three Standards for Establishing Paternity. 1463 A. State Law Standard. 1464 B. Federal Law Standard. 1469 C. Imperfectly Fulfilled State Law Standard. 1474... 2018
Carlie Smith Establishing Paternity under The Indian Child Welfare Act 2018 Brigham Young University Law Review 1451 (2018) C1-2Contents I. Introduction. 1451 II. Historical Background. 1455 A. Mississippi Band of Choctaw Indians v. Holyfield. 1458 B. Adoptive Couple v. Baby Girl. 1460 C. BIA Guidelines. 1461 III. Three Standards for Establishing Paternity. 1463 A. State Law Standard. 1464 B. Federal Law Standard. 1469 C. Imperfectly Fulfilled State Law Standard. 1474... 2018
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... 2018
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... 2018
Adrea Korthase Seminal Choices: The Definition of "Indian Child" in A. Time of Assisted Reproductive Technology 31 Journal of the American Academy of Matrimonial Lawyers 131 (2018) There is no DNA test that can prove if someone is Native American. Who asks the question and how it is answered can impact tribal membership and individual identity. Assisted reproductive technology (ART) introduces new considerations for tribes defining their tribal membership and carries with it many implications. Therefore, it is important to... 2018
Elizabeth MacLachlan Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction over Traditional State Court Family Law Matters 2018 Brigham Young University Law Review 455 (2018) State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying... 2018
Elizabeth MacLachlan Tensions Underlying The Indian Child Welfare Act: Tribal Jurisdiction over Traditional State Court Family Law Matters 2018 Brigham Young University Law Review 455 (2018) State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying... 2018
Tyler L. Murphy The State, the Tribe, and the Ugly: the Ninth Circuit Stakes a Bad Claim on Indian Land for Tribal Civil Jurisdiction over Nonmembers in Window Rock Unified School District V. Reeves 63 Villanova Law Review 157 (2018) Justice being taken away, then, what are kingdoms but great robberies? Within the borders of the United States, many Americans expect their fundamental rights to be protected from unwarranted government intrusion; however, there are some places within the country where this is not true. On Indian reservations, tribal governments are not beholden... 2018
  Why Try to Change Me Now?: The Basis for The 2016 Indian Child Welfare Act Regulations 96 Nebraska Law Review 1007 (2018) C1-2TABLE OF CONTENTS I. Introduction. 1007 II. Background. 1009 A. Passage and Intent of the Indian Child Welfare Act. 1009 B. 1979 Guidelines and Their Effects. 1011 1. The Bureau of Indian Affairs's Position Against Binding Regulations. 1011 2. The Indian Child Welfare Act's Inconsistent Application Throughout the States. 1012 C. The Bureau of... 2018
  Why Try to Change Me Now?: The Basis for The 2016 Indian Child Welfare Act Regulations 96 Nebraska Law Review 1007 (2018) C1-2TABLE OF CONTENTS I. Introduction. 1007 II. Background. 1009 A. Passage and Intent of the Indian Child Welfare Act. 1009 B. 1979 Guidelines and Their Effects. 1011 1. The Bureau of Indian Affairs's Position Against Binding Regulations. 1011 2. The Indian Child Welfare Act's Inconsistent Application Throughout the States. 1012 C. The Bureau of... 2018
Timothy Sandefur Escaping The Icwa Penalty Box: in Defense of Equal Protection for Indian Children 37 Children's Legal Rights Journal 1 (2017) In early 2016, a six-year-old Californian child named Lexi was taken from the arms of her weeping foster parents, Rusty and Summer Page, and sent to live with her step-second-cousin in Utah instead. She had lived with the Pages for four of her six years of life, after Los Angeles child welfare officials removed her from her drug-addicted mother... 2017
Shanna Knight , Victoria Sweet , David Simmons Improving Outcomes in Indian Child Welfare Cases: Strategies for State-tribe Collaboration 36 No. 1 Child Law Practice 16 (January, 2017) When a child is removed from his or her home based on suspected abuse or neglect, the court steps in to make critical legal decisions affecting that child's and family's life. These decisions about a child's safety and permanency--usually the responsibility of parents--are also the honor and responsibility of extended family members, community... 2017
Shanna Knight , Victoria Sweet , David Simmons Improving Outcomes in Indian Child Welfare Cases: Strategies for State-tribe Collaboration 36 No. 1 Child Law Practice 16 (January, 2017) When a child is removed from his or her home based on suspected abuse or neglect, the court steps in to make critical legal decisions affecting that child's and family's life. These decisions about a child's safety and permanency--usually the responsibility of parents--are also the honor and responsibility of extended family members, community... 2017
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.... 2017
  Key Indian Child Welfare Resources 36 No. 1 Child Law Practice 21 (January, 2017) https://www.bia.gov/cs/groups/public/documents/text/idc1-034238.pdf https://www.bia.gov/cs/groups/public/documents/text/idc2-056831.pdf https://turtletalk.wordpress.com/fort/icwa/ http://www.home.tlpi.org/tribal-state-court-collaboration-publica... 2017
  Key Indian Child Welfare Resources 36 No. 1 Child Law Practice 21 (January, 2017) https://www.bia.gov/cs/groups/public/documents/text/idc1-034238.pdf https://www.bia.gov/cs/groups/public/documents/text/idc2-056831.pdf https://turtletalk.wordpress.com/fort/icwa/ http://www.home.tlpi.org/tribal-state-court-collaboration-publica... 2017
Allison E. Davis Roadway to Reform: Assessing The 2015 Guidelines and New Federal Rule to The Indian Child Welfare Act's Application to State Courts 22 Suffolk Journal of Trial and Appellate Advocacy 91 (2016-2017) In 1987, Congress enacted the Indian Child Welfare Act (ICWA), in order to protect Native American children during custody and placement proceedings. The 38-year-old statute was last updated on its application with guidelines in 1979. Over the years, courts have determined that the guidelines were not binding on state courts; rather the... 2017
Allison E. Davis Roadway to Reform: Assessing The 2015 Guidelines and New Federal Rule to The Indian Child Welfare Act's Application to State Courts 22 Suffolk Journal of Trial and Appellate Advocacy 91 (2016-2017) In 1987, Congress enacted the Indian Child Welfare Act (ICWA), in order to protect Native American children during custody and placement proceedings. The 38-year-old statute was last updated on its application with guidelines in 1979. Over the years, courts have determined that the guidelines were not binding on state courts; rather the... 2017
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