| Author | Title | Citation | Summary | Year |
| Alyssa Couchie |
REBRAIDING FRAYED SWEETGRASS FOR NIIJAANSINAANIK (OUR CHILDREN): UNDERSTANDING CANADIAN INDIGENOUS CHILD WELFARE ISSUES AS INTERNATIONAL ATROCITY CRIMES |
44 Michigan Journal of International Law 405 (2023) |
The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (IRS) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and... |
2023 |
| Trevor Reed |
RESTORATIVE JUSTICE FOR INDIGENOUS CULTURE |
70 UCLA Law Review 516 (August, 2023) |
One still unresolved aspect of North American colonization arises out of the mass expropriation of Indigenous peoples' cultural expressions to European-settler institutions and their publics. Researchers, artists, entrepreneurs, missionaries, and many others worked in partnership with major universities, museums, corporations, foundations, and... |
2023 |
| Karen E. Lillie |
RETURNING CONTROL TO THE PEOPLE: THE NATIVE AMERICAN LANGUAGES ACT, RECLAMATION, AND NATIVE LANGUAGE TEACHER CERTIFICATION |
71 Buffalo Law Review 289 (April, 2023) |
In 1990, Congress passed the Native Americans Languages Act (NALA), recognizing that the status of the cultures and languages of Native Americans is unique and--critically--that the United States has the responsibility to act together with Native Americans to ensure that the languages and cultures of the Native People will surviv[e]. This Act... |
2023 |
| Julia M. Zabriskie |
SEARCHING FOR INDIGENOUS TRUTH: EXPLORING A RESTORATIVE JUSTICE APPROACH TO REDRESS ABUSE AT AMERICAN INDIAN BOARDING SCHOOLS |
64 Boston College Law Review 1039 (April, 2023) |
Abstract: After the discovery of mass graves at Residential Schools in Canada, the United States revaluated its own history with Indian Boarding Schools. The nation will likely grapple with the issue of finding appropriate solutions for historical mass atrocities in the near future as it too discovers the remains of Native American children who... |
2023 |
| Barbara Ann Atwood |
STANDING MATTERS: BRACKEEN, ARTICLE III, AND THE LURE OF THE MERITS |
23 Journal of Appellate Practice and Process 105 (Winter, 2023) |
The Supreme Court's grant of certiorari in Brackeen v. Haaland and consolidated petitions marks only the third time that the Court has taken up a case arising under the Indian Child Welfare Act of 1978 (ICWA). From its inception in the Northern District of Texas to the Fifth Circuit's en banc decision, the litigation has been closely watched, not... |
2023 |
| Michael-Corey Francis Hinton |
SYMPOSIUM KEYNOTE: "ISOLATION AND RESTRAINT: MAINE'S UNIQUE STATUS OUTSIDE FEDERAL INDIAN LAW" |
75 Maine Law Review 226 (June, 2023) |
Ntolis Michael-Corey Francis Hinton Peskotomuhkat nil Nujayaw Portland, Waponakik Nutapeks Sipayik naga Miyaks Nuskuhutomon yut ikolisomani-tpaskuwakon naga ktopaskuwakononnul. Pihce yut peciptasu ikolisomani-tpaskuwakon, on toke ktuwehkanen naka knokotomonen kilun ktopaskuwakononnul. N'pehqiyal Don Gellers pemkiskahk Nekom nilun kisi-wicuhkemit.... |
2023 |
| Alan B. Morrison |
THE COURT THAT DOES NOT LET STANDING STAND IN ITS WAY |
92 George Washington Law Review Arguendo 1 (September, 2023) |
Article III of the Constitution limits the power of the federal courts to adjudicating cases and controversies. Embedded in that concept are the separate and sometimes overlapping doctrines of standing, ripeness, political question, mootness, and the overall responsibility of the courts to assure both that they are deciding legal issues only where... |
2023 |
| Matthew L.M. Fletcher |
THE DARK MATTER OF FEDERAL INDIAN LAW: THE DUTY OF PROTECTION |
75 Maine Law Review 305 (June, 2023) |
Abstract Introduction I. The Original Understanding of the Duty of Protection II. The Current Understanding of the Duty of Protection A. Congress and the Department of the Interior B. Department of Justice C. The Supreme Court III. The Duty of Protection as Dark Matter IV. The United Nations Declaration on the Rights of Indigenous Peoples as a... |
2023 |
| Anna Arons |
THE EMPTY PROMISE OF THE FOURTH AMENDMENT IN THE FAMILY REGULATION SYSTEM |
100 Washington University Law Review 1057 (2023) |
Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family regulation system. Through these searches--required elements of investigations into allegations of child maltreatment in virtually every jurisdiction--state agents invade the home, the most protected space in... |
2023 |
| Nasrin Camilla Akbari |
THE GLADUE APPROACH: ADDRESSING INDIGENOUS OVERINCARCERATION THROUGH SENTENCING REFORM |
98 New York University Law Review 198 (April, 2023) |
In the American criminal justice system, individuals from marginalized communities routinely face longer terms and greater rates of incarceration compared to their nonmarginalized counterparts. Because the literature on mass incarceration and sentencing disparities has largely focused on the experiences of Black and Hispanic individuals, far less... |
2023 |
| Amelia Tidwell |
THE HEART OF THE MATTER: ICWA AND THE FUTURE OF NATIVE AMERICAN CHILD WELFARE |
43 Journal of the National Association of Administrative Law Judiciary 126 (Spring, 2023) |
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still... |
2023 |
| Neoshia R. Roemer |
THE INDIAN CHILD WELFARE ACT AS REPRODUCTIVE JUSTICE |
103 Boston University Law Review 55 (February, 2023) |
Federal Indian policy is rooted in family regulation. Here, family regulation is twofold, comprising: (1) the idea that American Indian families should be curated to be more like their non-Indian counterparts; and (2) the child welfare system, as Dorothy Roberts notes. Overall, family regulation was part of an Indian assimilation project. Since the... |
2023 |
| M. Alexander Pearl |
THE INDIAN CHILD WELFARE ACT IN THE MULTIVERSE |
121 Michigan Law Review 1101 (April, 2023) |
Adoptive Couple v. Baby Girl. By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. As a kid, I... |
2023 |
| Chief Ben Barnes |
THE INTERSECTION OF LANGUAGE, LAW, AND SOVEREIGNTY: A SHAWNEE PERSPECTIVE |
34 Colorado Environmental Law Journal 17 (Spring, 2023) |
NOTE: what follows is a lightly-edited transcript of the keynote address held as part of the 54 Algonquian Conference, University of Colorado Boulder, October 21, 2022. Kristen Carpenter: Greetings from the American Indian Law Program here at the University of Colorado. I am pleased to have this opportunity to co-chair this conference with my... |
2023 |
| Alexander M. Roider |
THE PROMISE AT THE END OF THE TRAIL: USING MCGIRT TO CLOSE THE TRIBAL ENTERPRISE PERFORMANCE GAP |
52 Public Contract Law Journal 323 (Winter, 2023) |
Despite being introduced in identical ways, tribal enterprises and Alaska Native Corporations have achieved vastly different outcomes in their government contracting operations. However, the Supreme Court's recent decision in McGirt v. Oklahoma may change this, handing down a potential beacon of hope to the underperforming tribal enterprises. This... |
2023 |
| Kathryn Fort |
THE ROAD TO BRACKEEN: DEFENDING ICWA 2013-2023 |
72 American University Law Review 1673 (June, 2023) |
From 2013 to 2023, the Indian Child Welfare Act (ICWA) was challenged in the courts more than the Affordable Care Act. This Article lays out the history of the fight over ICWA from Baby Girl to Haaland, from my perspective as a clinical professor who has been involved with every major ICWA case since 2013, as well as my observations about why ICWA... |
2023 |
| Russ VerSteeg |
THE ROLE OF LAW IN U.S. HISTORY TEXTBOOKS |
71 Cleveland State Law Review 363 (2023) |
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) Alan Brinkley, American History Connecting with the Past 745 (McGraw-Hill Educ., 15th ed. 2015); (2) Eric Foner, Give Me Liberty! An American History 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) David Goldfield et al., The American Journey: A... |
2023 |
| Lauren van Schilfgaarde, Aila Hoss, Ann E. Tweedy, Sarah Deer, Stacy Leeds |
TRIBAL NATIONS AND ABORTION ACCESS: A PATH FORWARD |
46 Harvard Journal of Law & Gender 1 (Winter, 2023) |
I. Introduction. 2 II. Historical Backdrop for Reproductive Autonomy. 8 III. Abortion Care in Indian Country Today. 17 A. Federal Indian Health System. 19 B. Facility Abortion Policies. 22 C. Indigenous Access to Abortion Care. 26 D. Views of Abortion Across Indian Country. 29 IV. Navigating Jurisdiction in Indian Country. 31 A. Criminal... |
2023 |
| Michael Doran |
TRIBAL SOVEREIGNTY PREEMPTED |
89 Brooklyn Law Review 53 (Fall, 2023) |
In 1832, the US Supreme Court held in Worcester v. Georgia that the State of Georgia had no authority to exercise criminal jurisdiction over a non-Indian for conduct within the lands of the Cherokee Nation. In passages repeated many times since, the Court said that the several Indian nations [are] distinct political communities, having territorial... |
2023 |
| Christopher R. Green |
TRIBES, NATIONS, STATES: OUR THREE COMMERCE POWERS |
127 Penn State Law Review 643 (Summer, 2023) |
The scope of federal power is sometimes seen as a long-running battle between two stories. Story One sees the commerce power as initially broad, mistakenly contracted in the late nineteenth century, then properly restored in 1937 as the national power to deal with national problems. Story Two sees 1937 as the mistake, and the commerce power as... |
2023 |
| Kimbirlee E. Sommer Miller |
TRUTH AND RECONCILIATION: RESTORATIVE JUSTICE, ACCOUNTABILITY, AND CULTURAL VIOLENCE |
24 Oregon Review of International Law 195 (2023) |
I. Residential Schools: Compulsory Assimilation for Indigenous Children. 198 A. History. 198 B. Forced Assimilation. 200 C. Abuse. 201 D. Mass Graves. 202 II. Cultural Genocide: The Sociological Impact of Cultural Erasure. 203 A. Tribal Languages. 205 B. Poverty. 206 C. Substance Abuse and PTSD. 207 D. Generational Trauma. 208 III. Canada's Truth... |
2023 |
| Justin E. Brooks |
TWO COUNTRIES IN CRISIS: MAN CAMPS AND THE NIGHTMARE OF NON-INDIGENOUS CRIMINAL JURISDICTION IN THE UNITED STATES AND CANADA |
56 Vanderbilt Journal of Transnational Law 533 (March, 2023) |
Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the... |
2023 |
| Neoshia R. Roemer |
UN-ERASING AMERICAN INDIANS AND THE INDIAN CHILD WELFARE ACT FROM FAMILY LAW |
56 Family Law Quarterly 31 (2022-2023) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures,... |
2023 |
| Kristen Carpenter , Andrew Cowell , Alexis Palmer |
VISIONS FOR THE INTERNATIONAL DECADE OF INDIGENOUS LANGUAGES 2022-2032 |
34 Colorado Environmental Law Journal 1 (Spring, 2023) |
The United Nations General Assembly recently proclaimed the International Decade of Indigenous Languages (IDIL) from 2022-2032 to to draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages and to take urgent steps at the national and international levels. The... |
2023 |
| Charisa Smith |
WHEN COVID CAPITALISM SILENCES CHILDREN |
71 University of Kansas Law Review 553 (May, 2023) |
The lingering COVID-19 pandemic has ushered in policy developments that mar child and family wellbeing while effectively suppressing U.S. children in civic life. Although the prevailing framework for child-parent-state conflicts already antagonized families and disenfranchised youth, COVID Capitalism threatens to silence children on virtually... |
2023 |
| Timothy Sandefur |
WHY HAALAND v. BRACKEEN IS NOT THE END OF THE STORY |
2023 Cato Supreme Court Review 169 (2022-2023) |
The story does not end with the last word. It goes on in the silence of the mind .. I profess the conviction that there is only one story, but there are many stories in the one. --N. Scott Momaday The Indian Child Welfare Act (ICWA) is a federal law which establishes a set of rules state governments must follow in child custody proceedings... |
2023 |
| Anita Sinha |
A LINEAGE OF FAMILY SEPARATION |
87 Brooklyn Law Review 445 (Winter, 2022) |
History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... |
2022 |
| Ashley Albert , Amy Mulzer |
ADOPTION CANNOT BE REFORMED |
12 Columbia Journal of Race and Law 1 (July, 2022) |
I. Introduction. 2 II. Adoption as Family Regulation. 8 A. Child-Saving and the Creating of Legal Adoption. 10 B. Georgia Tann and the Development of Sealed Records. 14 C. The Baby Scoop Era. 16 D. The Rise of Transracial Adoption, the Modern Family Regulation System, and the Permanency Ideal. 18 1. The Indian Adoption Project. 18 2. The... |
2022 |
| Kelly Monahan |
AGING OUT OF FOSTER CARE AND OVER THE SERVICE CLIFF: ANALYSIS OF THE FAMILY FIRST PREVENTION SERVICES ACT AND STATES' PARENS PATRIAE DUTY TO SUPPORT OLDER YOUTH IN AND AGING OUT OF FOSTER CARE |
19 Rutgers Journal of Law & Public Policy 235 (Spring, 2022) |
In the U.S. today there are over 400,000 children and youth in foster care. In 2020, less than half of the children and youth discharged from foster care were reunified with their parents and approximately 20,000 young people aged out of foster care. Aging out refers to the transition to adulthood for older youth in foster care when no legal... |
2022 |
| Matt Reynolds |
AMERICA'S LOST CHILDREN |
108-JUL ABA Journal 42 (June/July, 2022) |
When researchers began the painstaking work of identifying Indigenous children who died at the Genoa U.S. Indian Industrial School in Nebraska, they kept making chilling discoveries. Although old newspaper clippings, student newsletters and death records revealed students had died of flu, complications from tuberculosis, measles, polio and... |
2022 |
| James T. Campbell |
AURELIUS'S ARTICLE III REVISIONISM: REIMAGINING JUDICIAL ENGAGEMENT WITH THE INSULAR CASES AND "THE LAW OF THE TERRITORIES" |
131 Yale Law Journal 2542 (June, 2022) |
The Supreme Court's unanimous decision upholding the appointments structure of Puerto Rico's controversial Financial Oversight and Management Board in FOMB v. Aurelius has, to date, yielded commentary fixated on what the Justices did not say. The bulk of that commentary criticizes the Court for declining to square up to and overturn the Insular... |
2022 |
| Nicole Russo |
BACK TO BASICS: THE SUPREME COURT'S RETURN TO FUNDAMENTAL PRINCIPLES OF FEDERAL INDIAN LAW IN MCGIRT v. OKLAHOMA AHEAD OF EQUAL PROTECTION CHALLENGE TO THE INDIAN CHILD WELFARE ACT OF 1978 |
55 Suffolk University Law Review 123 (2022) |
[T]he Supreme Court has been inattentive, flippant, and disrespectful of Indian rights, and has seen its task as one of finding arguments that will make actions by the other two branches appear legal. Many doctrines' have emerged over the course of 170 years of hearing Indian cases, but the various courts have felt no compulsion to follow... |
2022 |
| Amy Reavis |
BETTER TOGETHER: TOWARD ENDING STATE REMOVAL OF SUBSTANCE-EXPOSED NEWBORNS FROM THEIR PARENTS |
46 New York University Review of Law and Social Change 362 (2022) |
The United States' child welfare system has long been an emperor with no clothes. The stated mission of the federal Children's Bureau is to strengthen families, prevent child abuse and neglect, and ensure permanency for children. This mission is impossible to critique in the abstract. But the reality is that this behemoth of a system--operating... |
2022 |
| Kirsten Matoy Carlson |
BRINGING CONGRESS AND INDIANS BACK INTO FEDERAL INDIAN LAW: THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS |
97 Washington Law Review 725 (October, 2022) |
Abstract: Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This... |
2022 |
| Sydney Groll |
COMMUNITIES AS CARETAKERS: THE INDIAN CHILD WELFARE ACT AS AN ANTIRACIST FRAMEWORK FOR ALL CHILD WELFARE CASES |
19 Rutgers Journal of Law & Public Policy 279 (Spring, 2022) |
Americans have long been trained to see the deficiencies of people rather than policy. It's a pretty easy mistake to make: People are in our faces. Policies are distant. We are particularly poor at seeing the policies lurking behind the struggles of people. --Ibram X. Kendi The child welfare system is racist. As with all systems in the United... |
2022 |
| Josh Gupta-Kagan |
CONFRONTING INDETERMINACY AND BIAS IN CHILD PROTECTION LAW |
33 Stanfor Law and Policy Review 217 (September, 2022) |
The child protection legal system faces strong and growing demands for change following at least two critiques. First, child protection law is substantively indeterminate; it does not precisely prescribe when state agencies can intervene in family life and what that intervention should entail, thus granting wide discretion to child protection... |
2022 |
| Tim Eigo |
CULTURE, DENIAL, JUSTICE |
58-AUG Arizona Attorney 4 (July/August, 2022) |
Once again, leaders of the State Bar Indian Law Section are making us at the magazine look absolutely prophetic. The issue you hold in your hand or scroll through online took almost a year to put together. It started with deep thinking by Indian Law practitioners, followed by a call for content, consideration of submissions, hard choices, thorough... |
2022 |
| Janice Beller |
DEFENDING THE GOLD STANDARD: AMERICAN INDIAN TRIBES FIGHT TO SAVE THE INDIAN CHILD WELFARE ACT |
65-FEB Advocate 16 (February, 2022) |
While most folks rush in and out of their local post office, indifferently dropping off or picking up mail on their way to somewhere else, Malissa Poog remembers the Blackfoot Post Office with an entirely different set of feelings. Melissa, a member of the Shoshone-Bannock Tribe, fondly remembers often visiting the post office with her mother as a... |
2022 |
| Gabriel J. Chin |
DRED SCOTT AND ASIAN AMERICANS |
24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) |
Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... |
2022 |
| Ann Laquer Estin |
EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT: STATES, TRIBAL NATIONS, AND FAMILY LAW |
35 Journal of the American Academy of Matrimonial Lawyers 201 (2022) |
The complex legal relationship between states, the United States, and Native nations can produce serious confusion in family law. Our system of federal Indian law, developed over several centuries, recognizes tribal sovereignty and defines the scope of state power with respect to federally-recognized Indian lands and communities. For the most part,... |
2022 |
| Cassondra M. Church |
EXPOSED: HOW HIGH-PROFILE LITIGATION IMPACTS INDIAN CHILDREN'S PRIVACY |
69-APR Federal Lawyer 26 (March/April, 2022) |
I reminisced about the memories that were frozen within each photo on a lazy Sunday afternoon. Each photograph was neatly kept in a large leatherbound photo album, beginning with a blurry photo of an ultrasound and ending with a photo of my high school graduation. As I flipped through the weathered pages, I remember thinking how impressive it was... |
2022 |
| Sadie Hart |
FALLING THROUGH THE CRACKS: THE AMERICAN INDIAN FOSTER CARE TO SEXUAL EXPLOITATION PIPELINE AND THE NEED FOR EXPANDED AMERICAN INDIAN COMMUNITY SERVICES IN MINNESOTA |
15 DePaul Journal for Social Justice 1 (Winter/Spring, 2021-2022) |
Following the discovery of hundreds of children's bodies at residential schools in Canada, United States Interior Secretary Deb Haaland called for an investigation into the federal government's oversight of American Indian boarding schools. This call highlights a growing awareness of the United States' legacy of violence against American Indians.... |
2022 |
| Courtney G. Joslin , Catherine Sakimura |
FRACTURED FAMILIES: LGBTQ PEOPLE AND THE FAMILY REGULATION SYSTEM |
13 California Law Review Online 78 (November, 2022) |
In February 2022, the Texas Governor and the Texas Attorney General declared that parents who provide gender-affirming care to their children should be investigated for child abuse. These declarations expressly authorize the surveillance of, intervention in, and possible destruction of LGBTQ families. Discussions of these developments suggest that... |
2022 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |