| Author | Title | Citation | Summary | Year | Key Term |
| 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 |
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| |
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 |
|
| William Wood |
Indians, Tribes, and (Federal) Jurisdiction |
65 University of Kansas Law Review 415 (December, 2016) |
Land, and controlling what happens on it and the revenues from it, has always been the focal point of relations between Indigenous peoples and non-Natives in North America. Today, as many Indian tribes rebuild their land bases after centuries of dispossession, with the result that state and local governments generally lose jurisdiction over the; Search Snippet: ...to these tribes, although some of their children attended federal boarding schools for Indians. [FN78] As the Supreme Court noted in Carcieri , the Narragansett... |
2016 |
|
| Lynn A. Kerbeshian |
Indians--domicile: Federal Definitions of Domicile Determines Jurisdiction under Indian Child Welfare Act |
66 North Dakota Law Review 553 (1990) |
In December 1985, twin illegitimate children were born to enrolled members of the Mississippi Band of Choctaw Indians residing on the Choctaw Reservation. The twin babies were born approximately 200 miles from the reservation. In January 1986, the parents executed adoption consent forms in the state chancery court. Following adoption by a non-; Search Snippet: ...Comment INDIANS--DOMICILE: FEDERAL DEFINITIONS OF DOMICILE DETERMINES JURISDICTION UNDER INDIAN CHILD WELFARE ACT Lynn A. Kerbeshian Copyright 1990 by the North... |
1990 |
Child Welfare |
| Keiteyana I. Parks |
INDIGENOUS BOARDING SCHOOLS IN THE UNITED STATES AND CANADA: POTENTIAL ISSUES AND OPPORTUNITIES FOR REDRESS AS THE UNITED STATES GOVERNMENT INITIATES FORMAL INVESTIGATION |
47 American Indian Law Review 37 (2022-2023) |
[T]he first step to justice is acknowledging these painful truths and gaining a full understanding of their impacts so that we can unravel the threads of trauma and injustice that linger. The development of the United States as a country is entwined with a legacy of painful efforts to eradicate the cultures and the presence of individuals deemed... |
2023 |
Boarding School |
| Mia Montoya Hammersley , Adriana M. Orman , Wouter Zwart |
INDIGENOUS ERASURE IN PUBLIC SCHOOLS |
58-AUG Arizona Attorney 22 (July/August, 2022) |
Every year, millions of Indigenous students walk through our Nation's public schoolhouse gates to receive an education. Historically, however, public schools have served as a tool for the Americanization of the Indian or, put more bluntly, to Kill the Indian, Save the Man. The legacy of erasing Indigenous identity reverberates to this day.... |
2022 |
|
| Allison M. Dussias |
Indigenous Languages under Siege: the Native American Experience |
3 Intercultural Human Rights Law Review Rev. 5 (2008) |
It's soul-satisfying to be able to read and speak your own language. -- Richard Littlebear, Northern Cheyenne [L]anguage is so important, because it is one thing that we can keep alive, that can never change. If we're able to keep our language going, we'll be able to pass on knowledge, from generation to generation. Without it, we're going to lose; Search Snippet: ...Native American children. The government ran its own schools for Native American children, including both on-reservation schools and off-reservation boarding schools. The government also provided funding for so-called contract... |
2008 |
|
| Rebecca Tsosie |
Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights |
87 Washington Law Review 1133 (December, 2012) |
Abstract: This Article explores the use of science as a tool of public policy and examines how science policy impacts indigenous peoples in the areas of environmental protection, public health, and repatriation. Professor Tsosie draws on Miranda Fricker's account of epistemic injustice to show how indigenous peoples have been harmed by the; Search Snippet: ...until 1924. [FN226] This meant that the federal policies banning Native religion or forcibly removing Indian children to federal military-style boarding schools were permissible as secular policies of civilization applied to... |
2012 |
|
| Michalyn Steele |
Indigenous Resilience |
62 Arizona Law Review 305 (Summer, 2020) |
The story of federal Indian law is the story of Indian tribal survival in the face of perpetual challenges to their legal and cultural existence, both in law and policy. These assaults have come from every quarter: federal, state, and private actors, as well as from the judicial, legislative, and executive branches. Tribes have often lost key; Search Snippet: ...the Department of the Interior embraced a mission of prohibiting native people from sacred cultural and spiritual practices, compelled tribal people... |
2020 |
|
| William J. Fife III , Beylul Solomon |
INDIGENOUS RIGHTS: A PATHWAY TO END AMERICAN SECOND-CLASS CITIZENSHIP |
32 Southern California Review of Law & Social Justice 59 (Winter, 2023) |
Nearly 4 million American residents in U.S. territories are second-class citizens, lacking individual and collective voting rights and burdened with other gross socioeconomic and healthcare disparities. These disparities affect many honorable veterans that suffer from physical and mental injuries due to fighting for rights they themselves do not... |
2023 |
|
| Addie C. Rolnick |
INDIGENOUS SUBJECTS |
131 Yale Law Journal 2652 (June, 2022) |
This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... |
2022 |
|
| Rebecca Tsosie |
Indigenous Women and International Human Rights Law: the Challenges of Colonialism, Cultural Survival, and Self-determination |
15 UCLA Journal of International Law and Foreign Affairs 187 (Spring 2010) |
As indigenous peoples move toward full realization of their right to self-determination, as affirmed by the text of the United Nations Declaration on the Rights of Indigenous Peoples, some have queried whether this will promote the ability of indigenous groups to violate the rights of vulnerable members, particularly women. International human; Search Snippet: ...civilization agenda. [FN43] Federal policymakers authorized the forcible removal of Native American children from their homes and families and their placement in residential boarding schools, where their tribal identity (including religion, social practices, and... |
2010 |
|
| Carole E. Goldberg |
Individual Rights and Tribal Revitalization |
35 Arizona State Law Journal 889 (Fall, 2003) |
Most contemporary scholars concerned with what may be called tribal revitalization--the strengthening of political and cultural sovereignty for Native nations--treat individual rights as an impediment to achieving that objective, not a positive tool. For example, Professor Robert Porter has written that introduction of individual rights into tribal; Search Snippet: ...conflicts between competing individual rights. As an example, she cites Indian child welfare cases when individual children's rights are put up against... |
2003 |
|
| Eric K. Yamamoto |
INTERNATIONAL REPARATIONS: WHAT JUSTICE AMENDS CAN AND SHOULD THERE BE? |
52 Southwestern Law Review 141 (2023) |
In Professor Martha Minow's Preface to the Southwestern Law Review symposium on Healing the Persisting Wounds of Historic Injustice, she poses pressing questions for civil societies struggling with historical injustices. Speaking of the Jeju 4.3 Tragedy and many others, Professor Minow, a renowned restorative justice scholar, asks: When the... |
2023 |
|
| Kristen A. Carpenter |
Interpreting Indian Country in State of Alaska V. Native Village of Venetie |
35 Tulsa Law Journal 73 (Fall, 1999) |
I think that the [Alaska Native Claims Settlement Act] will never fully to the extent advocate and stand individually for the real Native part of us. I think that ANCSA is not totally Native. It is written in the Western-adopted ways, and that it has that business nature where the land is collateral, just like a car or anything. Anyone, in one way; Search Snippet: ...Determination Act (1974), [FN373] Indian Financing Act (1974), [FN374] the Indian Child Welfare Act (1978), [FN375] the Indian Tribal Justice Act (1993... |
1999 |
|
| Robin Valenzuela, Indiana University Bloomington |
INTERSTITIAL PRECARITY: THE ROMANCE AND TRAGEDY OF THE TRANSNATIONAL CHILD WELFARE SYSTEM |
45 PoLAR: Political and Legal Anthropology Review 94 (May, 2022) |
This article examines a memorandum of understanding (MOU) between Chicago's Mexican Consulate and the Illinois Department of Child and Family Services (DCFS), which obliges DCFS to provide prompt consular notification after assuming protective custody of a Mexican or Mexican American minor. Developed in 2001, this bilateral agreement also enables... |
2022 |
Child Welfare |
| Solangel Maldonado , Lisa F. Grumet |
INTRODUCTION: FAMILY LAW AND THE SUPREME COURT, 2022-23 |
56 Family Law Quarterly ix (2022-2023) |
In these past two years, the Supreme Court has considered several significant cases impacting family law policy and practice in the United States. The authors in this issue discuss 2022 cases concerning abortion (Dobbs v. Jackson Women's Health Organization ) and international child custody disputes involving domestic violence (Golan v. Saada ),... |
2023 |
|
| Genesis M. Agosto |
INVOLUNTARY STERILIZATION OF NATIVE AMERICAN WOMEN IN THE UNITED STATES: A LEGAL APPROACH |
100 Nebraska Law Review 995 (2022) |
C1-2TABLE OF CONTENTS I. Introduction. 995 II. Why Native Sterilization Matters. 997 A. Significance. 997 B. Contribution to Scholarship. 1001 III. Legal Context of Native Sterilization. 1002 A. Origins of Eugenic Laws in the United States. 1002 B. Infamous Eugenic Cases. 1003 C. Passage of Laws that Allowed Native Sterilizations. 1007 IV. The... |
2022 |
|
| Courtney Hodge |
Is the Indian Child Welfare Act Losing Steam?: Narrowing Non-custodial Parental Rights after Adoptive Couple V. Baby Girl |
7 Columbia Journal of Race and Law 191 (2016) |
In 2013, the United States Supreme Court handed down a decision in Adoptive Couple v. Baby Girl, a decision that will have long-term effects on the use of the Indian Child Welfare Act by non-custodial Native parents. Congress passed the Indian Child Welfare Act in 1978 in response to the high volume of Native children that had been removed from; Search Snippet: ...Columbia Journal of Race and Law 2016 Note IS THE INDIAN CHILD WELFARE ACT LOSING STEAM?: NARROWING NON-CUSTODIAL PARENTAL RIGHTS AFTER... |
2016 |
Child Welfare |
| Robert N. Clinton |
Isolated in Their Own Country: a Defense of Federal Protection of Indian Autonomy and Self-government |
33 Stanford Law Review 979 (July, 1981) |
With their resources and acquired knowledge, the Europeans soon appropriated to themselves most of the advantages which the natives might have derived from the possession of the soil . and the Indians have been ruined by a competition which they had not the means of sustaining. They were isolated in their own country, and their race only; Search Snippet: ...model for affording such intergovernmental cooperation already exists in the Indian Child Welfare Act of 1978. [FN424] At a time when federal... |
1981 |
|
| Rita Lenane |
It Doesn't Seem Very Fair, Because We Were Here First: Resolving the Sioux Nation Black Hills Land Dispute and the Potential for Restorative Justice to Facilitate Government-to-government Negotiations |
16 Cardozo Journal of Conflict Resolution 651 (Winter, 2015) |
As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and . . . [w]e further recognize that restoring tribal lands through appropriate means; Search Snippet: ...late twentieth, in which aboriginal children were taken to mandatory boarding schools in an effort to forcibly assimilate the Native population. Not only were the children prohibited from speaking or... |
2015 |
|
| Cheyañna L. Jaffke |
Judicial Indifference: Why Does the "Existing Indian Family" Exception to the Indian Child Welfare Act Continue to Endure? |
38 Western State University Law Review 127 (Spring 2011) |
I. Introduction II. The Remedy for Judicial Ignorance: The Indian Child Welfare Act and Its History. 129 A. The Need for the Indian Child Welfare Act. 129 B. The Indian Child Welfare Act. 131 C. The Application of the Indian Child Welfare Act. 134 D. The Indian Child Welfare Act Is Still Necessary. 135 E. The existing Indian family Exception. 136; Search Snippet: ...INDIFFERENCE: WHY DOES THE EXISTING INDIAN FAMILY EXCEPTION TO THE INDIAN CHILD WELFARE ACT CONTINUE TO ENDURE? Cheyañna L. Jaffke [FN1] Copyright... |
2011 |
Child Welfare |
| John D. Barton , Candace M. Barton |
Jurisdiction of Ute Reservation Lands |
26 American Indian Law Review 133 (2001-2002) |
In 1994, after years of litigation involving several court cases, the Supreme Court of the United States handed down a landmark decision that ruled on jurisdiction over former Ute reservation lands. This case has since become the final word in jurisdiction of reservation lands throughout the United States. As with most policy setting decisions, the; Search Snippet: ...the government's third objective was to further assimilation by removing Indian children from their families and placing them in Indian boarding schools. In these boarding schools the Indian children were not allowed to speak their native language or practice their religious ceremonies. Some of the Indian... |
2002 |
|
| Angelique EagleWoman (Wambdi A. Was'teWinyan) |
JURISPRUDENCE AND RECOMMENDATIONS FOR TRIBAL COURT AUTHORITY DUE TO IMPOSITION OF U.S. LIMITATIONS |
47 Mitchell Hamline Law Review 342 (February, 2021) |
I. Introduction. 342 II. Questioning the Legal Basis for the Courts of Indian Offenses. 344 A. The Context of Shifting U.S. Indian Policies. 345 B. Courts of Indian Offenses as Assimilation Era Federal Instrumentalities. 347 III. Transition to Indian Self-Government and Modern Tribal Courts. 351 A. The Operation of Tribal Courts. 352 B. Tribal... |
2021 |
|
| Rebecca Tsosie |
JUSTICE AS HEALING: NATIVE NATIONS AND RECONCILIATION |
54 Arizona State Law Journal 1 (Spring, 2022) |
I am honored to give the Canby Lecture for 2020, and I thank Patty Ferguson-Bohnee and Kate Rosier for their leadership of the Indian Legal Program and for inviting me today. I'm delighted to return, even in a virtual space, to the Sandra Day O'Connor College of Law at Arizona State University (ASU). This was my academic home for over twenty-two... |
2022 |
|
| Elizabeth Low |
Keeping Cultural Bias out of the Courtroom: How Icwa "Qualified Expert Witnesses" Make a Difference |
44 American Indian Law Review 43 (2019) |
For centuries, Indians were regarded as an inferior people causing the government to make efforts to assimilate--and later to dismantle--Indian families to improve and protect the identity of the United States. In the 1970s, the government embraced an era of self-determination for American Indians by creating laws that would simultaneously protect; Search Snippet: ...without American government assistance. [FN1] In 1978, Congress promulgated the Indian Child Welfare Act (ICWA). The purpose of ICWA is to protect the best interests of Indian children and to promote the stability and security of Indian tribes... |
2019 |
|
| Frank Pommersheim |
Land into Trust: an Inquiry into Law, Policy, and History |
49 Idaho Law Review 519 (2013) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 519 II. ALLOTMENT AND THE BACKGROUND OF SECTION 5 OF THE INDIAN REORGANIZATION ACT. 521 III. THE ADMINISTRATIVE PROCESS OF PUTTING LAND INTO TRUST. 527 A. Application, Notification, and Final Decision. 527 B. Administrative Appeal and Judicial Review. 528 IV. LEGAL CHALLENGES: THE EXAMPLE OF SOUTH DAKOTA. 529; Search Snippet: ...wreaked havoc with their religious and educational programs, particularly the boarding school program, which took Indian children away from their families for substantial periods of time and... |
2013 |
|
| Antonia Castañeda |
Language and Other Lethal Weapons: Cultural Politics and the Rites of Children as Translators of Culture |
19 Chicano-Latino Law Review 229 (Spring 1998) |
Dile que no puedo respirar--que se me atora el aire. Dile. . . How do I say atora ? Tell your mother that she has to stop and place this hose in her mouth and press this pump or else she will suffocate. ?Qué dice? ?Qué dice? He is sitting behind this big desk, and my mother was sitting beside me and holding onto my hand very tightly. I. ; Search Snippet: ...girls who worked in the homes of soldiers and settlers. Indian children, in particular, were often captured, traded, or sold into slavery... |
1998 |
|
| Breann Nu'uhiwa |
Language Is Never about Language: Eliminating Language Bias in Federal Education Law to Further Indigenous Rights |
37 University of Hawaii Law Review 381 (Spring, 2015) |
Language is power, life and the instrument of culture, the instrument of domination and liberation. -Angela Carter Before infants utter their first words or learn to assign meaning to speech, they develop preferences for those who speak their native languages in native accents. As children move into the preschool environment, language differences; Search Snippet: ...worked to eradicate Native languages, religions, beliefs, and practices. American Indian children have been at the very center of the battleground between... |
2015 |
|
| Carol Schmid |
Language Rights and the Legal Status of English-only Laws in the Public and Private Sector |
20 North Carolina Central Law Journal 65 (1992) |
The recent English-only movement has produced state resolutions, statutes, and constitutional amendments establishing English as the official language. English-only rules are intended to eliminate governmental services in languages other than English. In the workplace, English-only rules require employees to refrain from speaking languages other; Search Snippet: ...English. Beginning in the 1870s, the U.S. government began forcing Indian children into boarding schools and punishing them for using their own dialects. [FN21... |
1992 |
|
| |
Law Review |
38 Journal of Law and Education 179 (January, 2009) |
Danielle N. Boaz, Equality Does Not Mean Conformity: Reevaluating the Use of Segregated Schools to Create a Culturally Appropriate Education for African American Children, 7 Conn. Pub. Int. L.J. 1 (2007). This article confronts the assumption that the most effective strategy for advancing minority education is school integration. It details the; Search Snippet: ...a culturally sensitive model for identifying ELLs with disabilities. The Indian Boarding School Era and its Continuing Impact on Tribal Families and... |
2009 |
|
| Matthew L.M. Fletcher , Wenona T. Singel |
LAWYERING THE INDIAN CHILD WELFARE ACT |
120 Michigan Law Review 1755 (June, 2022) |
This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court,... |
2022 |
Child Welfare |