Author | Title | Citation | Summary | Year | Key Term |
Koral E. Fusselman |
Native American Health Care: Is the Indian Health Care Reauthorization and Improvement Act of 2009 Enough to Address Persistent Health Problems Within the Native American Community? |
18 Washington and Lee Journal of Civil Rights and Social Justice 389 (Spring, 2012) |
Introduction. 390 I. Origins of the Federal Government's Obligation for Indian Health Care. 394 A. Historical Foundations. 394 B. Indian Health Care Improvement Act of 1976 and Subsequent Amendments. 396 II. Problems Plaguing Native Populations. 400 A. High Vacancy Rates of Health Practitioners. 400 B. High Rates of Diabetes. 402 C. Behavioral; Search Snippet: ...process of Americanization began in the seventeenth century. [FN202] As Native American children were forced into boarding schools, elements of their identities and heritage [were] systematically and... |
2012 |
|
Isabella Timmermans |
Native American Self-determination as Affected by Educational Funding and its Sources |
29 Idaho Law Review 185 (1992/1993) |
I. INTRODUCTION II. PROBLEMS LEADING TO THE EMERGENCE OF THE IDEAL OF SELF-DETERMINATION AS FEDERAL POLICY A. The Existence of Federal Trust Obligations to Educate Native Americans B. Examples of Federal Doctrines and Policies and Their Impact on Native American Life 1. Negative Policies and Impacts a. Termination Act b. General Allotment Act c; Search Snippet: ...rise to a legally enforceable federal obligation to assure that Indian children are provided an equal educational opportunity by either the state... |
1993 |
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Angela R. Riley |
Native Nations and the Constitution: an Inquiry into "Extra-constitutionality" |
130 Harvard Law Review Forum 173 (April, 2017) |
Federal Indian law is oftentimes characterized as a niche and discrete area of law, but this depiction really misstates the breadth and relevance of the field. Federal Indian law is a horizontal subject: virtually every area of law in the American canon has an Indian law component: taxation, water rights, civil and criminal jurisdiction, labor; Search Snippet: ...vast body of scholarship has detailed the wrongs committed against Indian people: broken treaties, land dispossession, genocide, disease, bounties placed on Indian skins, abusive boarding schools, religious persecution, denial of voting rights, and removal of Indian children from Indian homes (among other things) were all promoted by American law... |
2017 |
|
Noelle N. Wyman |
NATIVE VOTING POWER: ENHANCING TRIBAL SOVEREIGNTY IN FEDERAL ELECTIONS |
132 Yale Law Journal 861 (January, 2023) |
Members of tribal nations are disproportionately burdened by barriers to voting, from strict voter identification and registration requirements to inadequate language assistance and inaccessible polling locations. Restrictive voting laws are on the rise, while the avenues for challenging them under the prevailing model of voting rights are... |
2023 |
|
Bethany R. Berger |
Natural Resources and the Making of Modern Indian Law |
51 Connecticut Law Review 927 (August, 2019) |
The pipeline protests at Standing Rock continued a long tradition of Native people coming together to protect natural resource rights. Indeed, this Essay argues, natural resource disputes are responsible for core advances in Native peoples' rights in the twentieth century. Although there are many examples, I focus on four particularly influential; Search Snippet: ...remaining lands. Tribal territories were circumscribed, reservations divided among individual Indians and settlers, Indian children sent to boarding schools, and federal agents worked to quash tribal religion and... |
2019 |
|
Jana M. Berger , Paula M. Fisher , Partner, Foley & Mansfield PLLP, Owner, Paula M. Fisher, Attorney at Law PC |
Navigating Tribal Membership Enrollment Issues |
2013 Aspatore 2136514 (April, 2013) |
Membership issues, meaning the exclusion of individuals from, or the enrollment or disenrollment of individuals with, a Native American tribe, significantly impact tribal nations. Since the inception of the United States, Native Americans were subjected to the whims and fancies of state and federal political agendas, left to wither away as a; Search Snippet: ...a culture--as a people. Years of forced assimilation and boarding school atrocities, where Native American children were disbanded from their families, stuffed into socially... |
2013 |
|
Rebecca Tsosie |
Negotiating Economic Survival: the Consent Principle and Tribal-state Compacts under the Indian Gaming Regulatory Act |
29 Arizona State Law Journal 25 (Spring, 1997) |
I. Introduction. 26 II. Historical Look at the Consent Principle. 29 III. The Contemporary Application of the Consent Principle. 33 A. Negotiated Agreements Between States and Tribes in Natural Resources Disputes. 34 B. The Indian Gaming Regulatory Act and the Consent Principle. 43 1. The Nature of Tribal Gaming Rights. 43 2. The Impact of the IGRA; Search Snippet: ...divided among several reservations where they could be subdued. [FN27] Indian children were sent to distant boarding schools and forbidden to speak their native languages. [FN28] The federal government authorized Christian missionaries to serve... |
1997 |
|
Family Law Quarterly 2022-23 Editors, New York Law School |
NEW FAMILY LAW STATUTES IN 2022: SELECTED STATE LEGISLATION |
56 Family Law Quarterly 299 (2022-2023) |
This article provides summaries and context for 35 changes to family law that were enacted in 2022 by legislatures in 23 states. The topics include Child Custody, Nonparent Custody and Visitation, Child Representation and Child Welfare, Divorce and Alimony/Maintenance, Property Division, Child Support, Parentage, and Domestic Violence. These... |
2023 |
|
Beth A. Lauck , Courtney L.A. Roelandts |
NEW MINOR GUARDIANSHIP LAW: CHANGING CHILDREN'S LIVES |
94-JAN Wisconsin Lawyer 16 (January, 2021) |
A law enacted in February 2020 moves private minor guardianships of the person from Wis. Stat. chapter 54 to Wis. Stat. chapter 48 [the Children's Code], specifically Wis. Stat. section 48.9795, and expands the types of private minor guardianships available to better meet the needs of children and families. Chapter 54 either does not address or had... |
2021 |
|
Marcy L. Kahn |
New York State's Recent Judicial Collaboration with Indigenous Partners: the Story of New York's Federal-state-tribal Courts and Indian Nations Justice Forum |
14 Judicial Notice 20 (2019) |
When then-Chief Judge Judith Kaye asked me in 2002 to lead the effort to establish a forum of the state and Indian tribal courts in New York, I enthusiastically embraced the chance to return to work which had long been an interest of mine. This interest derived from three experiences. First, I grew up in Arizona, and attended a public high school; Search Snippet: ...a public high school located next door to the statewide boarding school for Indian high school students. Those students attended some classes at my... |
2019 |
|
Leo I. Brisbois |
Nine Days in June: Shaping Our Future; Valuing Our past |
67-MAR Bench and Bar of Minnesota Minn. 6 (March, 2010) |
Boozhoo Niijii; Gdinimikoon. Hello, Friend; I greet you in a good way. Well into the first half of the 20th century, American Indian communities, the Ojibwe/Anishinaabe among them, tragically endured the often forced removal of children from their homes, sometimes for years. These children routinely were sent half-way across the continent to; Search Snippet: ...children routinely were sent half-way across the continent to boarding schools to be taught how not to be Indian. My own paternal grandparents were sent to boarding schools in Carlisle, PA, and Flandreau, SD. The Ojibwe/Anishinaabe... |
2010 |
|
Simone Lieban Levine |
NOT A GIRL, NOT YET A WOMAN: THE LEGAL LIMBO OF BEING A PARENT BEFORE BECOMING AN ADULT |
37 Berkeley Journal of Gender, Law & Justice 75 (2022) |
Introduction. 76 I. The Reality of Underage Pregnancy. 80 A. Babies Having Babies: Blame, Shame, and Social Policy. 81 B. Putting It in Perspective: Statistics Related to Young Parenthood. 83 1. Social Outcomes for Young Parents and Their Children. 84 2. Birth Rates According to Age and Race. 85 3. Young Parenthood and Medical Care, Poverty, and... |
2022 |
|
Sarah Krakoff |
Not Yet America's Best Idea: Law, Inequality, and Grand Canyon National Park |
91 University of Colorado Law Review 559 (Spring, 2020) |
Absolutely American, absolutely democratic, they reflect us at our best rather than our worst .. The national park idea, the best idea we ever had. --Wallace Stegner [P]arks are not America's best idea .. The best idea language has the potential to alienate more people than it attracts .. If asked to choose between the Grand Canyon or a; Search Snippet: ...desire to impose assimilationist policies on the Hopi. Specifically, federal Indian agent J.H. Fleming wanted clear authority to force Hopi families to send their children to distant boarding schools. [FN265] Further, the Executive Order stated that the reservation... |
2020 |
|
Carole Goldberg-Ambrose |
Of Native Americans and Tribal Members: the Impact of Law on Indian Group Life |
28 Law and Society Review 1123 (1994) |
Law has influenced the shape of Indian group life by providing economic or political incentives for groups to organize along particular lines, by forcing groups into closer proximity with one another or separating them, and by creating an official vocabulary for the discussion of group life. The most striking effect of law has been to focus the; Search Snippet: ...regulation (Clean Air Act), gaming (Indian Gaming Regulatory Act), and Indian child welfare ( Indian Child Welfare Act). But these supportive actions have occurred within carefully... |
1994 |
|
Alexis A. Lury |
Official Insignia, Culture, and Native Americans: an Analysis of Whether Current United States Trademark Law Should Be Changed to Prevent the Registration of Official Tribal Insignia |
1 Chicago-Kent Journal of Intellectual Property 137 (Fall, 1999) |
The United States is a multinational and multicultural country. As such, the United States must constantly balance the interests of the numerous cultural, ethnic, political and racial groups that exist within its borders. However, differences exist even within each of these groups. Of particular concern to the United States and its people are the; Search Snippet: ...established by a former military officer. Its philosophy of separating Indian children totally from their Indian environment and forcing them to adopt white ways became the basis for a widescale [sic] boarding school movement that eventually removed thousands of Indian children from their cultural settings and families Everything Indian came under attack. Indian feasts, languages, certain marriage practices, dances... |
1999 |
|
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; Search Snippet: ...MONTANA LAW REVIEW Montana Law Review Winter, 2019 Essay ON INDIAN CHILDREN AND THE FIFTH AMENDMENT Matthew L.M. Fletcher [FNa1] Copyright © 2019... |
2019 |
|
Bret D. Asbury , Kevin Woodson |
On the Need for Public Boarding Schools |
47 Georgia Law Review 113 (Fall, 2012) |
I. Introduction. 115 II. Limitations of Previous Reform Efforts. 122 A. THE INADEQUACY OF SCHOOL-FINANCE LITIGATION. 123 B. TESTING, SCAPEGOATING, AND EDUCATIONAL JUSTICE ON THE CHEAP. 126 III. Disadvantages Outside The Schoolhouse Door. 130 A. HOME LIFE. 132 B. THE ACUTE DANGERS AND DISADVANTAGES OF GROWING UP IN POOR NEIGHBORHOODS. 139 IV. KIPP; Search Snippet: ...Precedent. Critics of our proposal might object to a public- boarding-school model for educating young children from disadvantaged communities by... |
2012 |
Boarding School |
Hon. Donna M. Loring , Hon. Eric M. Mehnert , Joseph G.E. Gousse, Esq. |
ONE NATION, UNDER FRAUD: A REMONSTRANCE |
75 Maine Law Review 241 (June, 2023) |
Abstract Introduction I. A River Runs Through It: An Historical Contextual Analysis of Tribal-Euromerican Relations--Statehood, Feeding the Lumber Boom, and the Theft of the Four TownshipsS (1820-1842) A. The Theft of the Four Townships: Fraudulent Dispossession of the Penobscot People B. The Lumber Boom and Maine's Rise to Economic Dominance II. A... |
2023 |
|
Suzianne D. Painter-Thorne |
One Step Forward, Two Giant Steps Back: How the "Existing Indian Family" Exception (Re)imposes Anglo American Legal Values on American Indian Tribes to the Detriment of Cultural Autonomy |
33 American Indian Law Review 329 (2008-2009) |
This article describes the profound changes to American Indian kinship and social structures caused when European and Anglo American legal norms were imposed on American Indian tribes without respect for Indian culture or values. Although these sovereign nations were entitled to self-determination, they were for centuries subjected to laws crafted; Search Snippet: ...table and have them recognized in laws such as the Indian Child Welfare Act. But that progress has been short-lived. State... |
2009 |
|
Shanna C. Knight |
OREGON'S NEW INDIAN CHILD WELFARE ACT: HIGHLIGHTS FOR IDAHO PRACTITIONERS |
65-FEB Advocate 22 (February, 2022) |
As an Idaho practitioner, unless you represent a tribe, you might be wondering why you should care about Oregon's new Indian Child Welfare Act (ORICWA). After all, Idaho practitioners are already required to follow the federal Indian Child Welfare Act (ICWA). If so, I would answer first that Oregon's new law demonstrates best practices that... |
2022 |
Child Welfare |
Juliana Moraes Liu |
Orphanages by Another Name |
30-FALL Kansas Journal of Law & Public Policy 83 (Fall, 2020) |
Orphanages were a dominant part of the American child welfare landscape in the late-nineteenth and early-twentieth centuries. By 1900, nearly 1,000 orphanages housed approximately 100,000 children in the United States. Orphanages have been widely criticized over the years for their institutionalized treatment of children and their lasting effects; Search Snippet: ...discover neglect or abandonment where none exists. [FN149] Until the Indian Child Welfare Act of 1978 created legal barriers to prevent children... |
2020 |
|
Kurt Mundorff |
Other Peoples' Children: a Textual and Contextual Interpretation of the Genocide Convention, Article 2(e) |
50 Harvard International Law Journal 61 (Winter 2009) |
The 1948 Genocide Convention, Article 2(e) declares that the forcible transfer of children from a protected group to another group is an act that amounts to genocide when it is conducted with intent to destroy the group, as such, at least in part. Although listed co-equally with mass killing and forced sterilizations, and despite what appear; Search Snippet: ...groups. Finally, this Article highlights several programs, including the American Indian boarding school program and Australia's Aboriginal removal programs, and argues that... |
2009 |
|
Tim Connors |
Our Children Are Sacred |
50 Judges' Journal 33 (Spring, 2011) |
Seven generations ago someone was praying for us. We are the answer to their prayers. We take this responsibility seriously. When you are working with our children, it is sacred work. Our children are sacred. My mother Donna Lou was born in 1939. She and her family lived on Beaver Island in Michigan. After my grandmother died, my mother was; Search Snippet: ...Journal Spring, 2011 Feature OUR CHILDREN ARE SACRED Why the Indian Child Welfare Act Matters Judge Tim Connors [FNa1] Copyright © 2011 by... |
2011 |
|
Ruthann Robson |
Our Children: Kids of Queer Parents & Kids Who Are Queer: Looking at Sexual Minority Rights from a Different Perspective |
64 Albany Law Review 915 (2001) |
Much of the conservative right's rhetoric in the realm of minority sexualities has focused on children. Drawing on themes of disease and seduction, Christian fundamentalists have portrayed gay men and lesbians as predators who target children, hoping to seduce them into a life of depravity and disease. As Jeffrey Weeks noted many years ago, it; Search Snippet: ...American children was finally addressed by Congress, resulting in the Indian Child Welfare Act of 1978. [FN49] Meanwhile, the persecution of sexual... |
2001 |
|
Marian E. Saksena |
Out-of-home Placements for Abused, Neglected, and Dependent Children in Minnesota: a Historical Perspective |
32 William Mitchell Law Review 1007 (2006) |
I. Introduction. 1007 II. Social Background. 1009 III. Orphanages. 1011 A. Private, Non-Sectarian Orphanages: Washburn Memorial Orphan Asylum. 1014 B. Private, Non-Sectarian, Culturally Specific Orphanages: Crispus Attucks Colored Orphanage and Old Folks Home. 1017 C. Public Orphanages: Minnesota State Public School for Dependent and Neglected; Search Snippet: ...Private Religious Orphanages: St. Josesph's Home for Children 1029 IV. Indian Boarding Schools 1033 V. Orphan Trains 1040 VI. Paid Foster Homes... |
2006 |
|
Angela R. Riley , Kristen A. Carpenter |
Owning Red: a Theory of Indian (Cultural) Appropriation |
94 Texas Law Review 859 (April, 2016) |
In a number of recent controversies, from sports teams' use of Indian mascots to the federal government's desecration of sacred sites, American Indians have lodged charges of cultural appropriation or the unauthorized use by members of one group of the cultural expressions and resources of another. While these and other incidents make; Search Snippet: ...another innovation in 1697: the Commonwealth awarded bounties for killing Indian children under the age of ten. [FN61] Eventually, [p]olicymakers offered bounties... |
2016 |
|
Kari E. Hong |
Parens Patri[archy]: Adoption, Eugenics, and Same-sex Couples |
40 California Western Law Review Rev. 1 (Fall 2003) |
Introduction. 2 I. Historical Overview of Adoption Placement Practices in the United States. 11 A. Early History of Adoption in the United States: From Private Bills to Orphan Trains. 12 B. The Fall and Rise of Adoption: Eugenics to the Cold War. 19 C. Historical Examination of Contemporary Justifications for Adoption Bans. 31 1. Indian Child; Search Snippet: ...Historical Examination of Contemporary Justifications for Adoption Bans 31 1. Indian Child Welfare Act: Superiority of Nuclear Family and Proper Gender Role... |
2003 |
|
Kevin Noble Maillard |
Parental Ratification: Legal Manifestations of Cultural Authenticity in Cross-racial Adoption |
28 American Indian Law Review 107 (2003/2004) |
The question Who is Indian? marks a standard subject of academic inquiry, but to ask who decides and how is much more interesting. In Indian country, state and tribal standards for determining Indian may belie personal and private definitions of identity. While I believe that identity should be self-defined, the unavoidable truth persists; Search Snippet: ...Following the standards established by the federal government in the Indian Child Welfare Act (ICWA), [FN1] state courts have held that being... |
2004 |
|
S. Lisa Washington |
PATHOLOGY LOGICS |
117 Northwestern University Law Review 1523 (2023) |
Abstract--Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize... |
2023 |
|
Courtney Lewis |
Pathway to Permanency: Enact a State Statute Formally Recognizing Indian Custodianship as an Approved Path to Ending a Child in Need of Aid Case |
36 Alaska Law Review 23 (June, 2019) |
Alaska has a disproportionate number of Alaska Native youth in foster care, and an overburdened and understaffed state child welfare agency. This Article argues that Alaska should enact a state statute to provide clear guidance to state child welfare practitioners and state courts that Alaska's state government recognizes an Indian custodianship; Search Snippet: ...created through Tribal law or custom as a pathway for Indian children to exit the overburdened state foster care system. Alaska's state... |
2019 |
|
Andrea Wallace |
Patriotic Racism: an Investigation into Judicial Rhetoric and the Continued Legal Divestiture of Native American Rights |
8 DePaul Journal for Social Justice 91 (Winter 2014) |
It is difficult to get a man to understand something when his salary depends on his not understanding it.-- Upton Sinclair Americans live in a country where race was once legally institutionalized. In fact, it was only 50 years ago that the United States' legal system officially ceased to operate as a mechanism that explicitly condoned racism; Search Snippet: ...removal became so common that by 1978, Congress declared an Indian child welfare crisis of massive portions. [FN196] To counter this crisis, Congress enacted the Indian Child Welfare Act of 1978, requiring state courts to apply Native... |
2014 |
|
Katelyn Elrod |
PEOPLE EX REL. K.C. v. K.C.: ICWA IS FOR ALL NATIVE CHILDREN |
100 Denver Law Review 465 (Winter, 2023) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to address a national issue--child welfare agencies were removing American Indian and Alaska Native children from their homes and placing them in non-Native homes at alarming rates. Systemic bias against Native cultures fueled these removals, which resulted in Native children being... |
2023 |
Child Welfare |
Daniel E. Witte |
People V. Bennett: Analytic Approaches to Recognizing a Fundamental Parental Right under the Ninth Amendment |
1996 Brigham Young University Law Review 183 (1996) |
C1-3Table of Contents I. INTRODUCTION. 186 II BACKGROUND: THE HISTORICAL EVOLUTION OF UNITED STATES PARENTAL RIGHTS JURISPRUDENCE. 190 A. English and Early American Common Law Pertaining to Parental Rights. 190 B. Analysis of Parental Rights Under the Constitution. 193 C. Emergence of an Alternative Education Subculture. 195 III. PEOPLE V. BENNETT; Search Snippet: ...the detriment of a loving and nurturing family situation . Native Americans have explained how public education was used as a tool in the United States campaign to undermine Native American culture: [T]he fall of each year was pretty similar... |
1996 |
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Angelique EagleWoman , (Wambdi A. Was'teWinyan) |
PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION |
47 Mitchell Hamline Law Review 640 (April, 2021) |
I. Introduction. 641 II. Doctrine of Discovery, British Treaty-Making to U.S. Treaty-Making. 642 A. The Treaty of Niagara in 1764. 645 B. British Colonies form the United States of America. 647 III. Permanent Homelands and Treaty Relationships. 648 A. U.S. Constitution and Tribal Nations. 649 B. Status of American Indians and Imposition of U.S.... |
2021 |
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Christine Metteer |
Pigs in Heaven: a Parable of Native American Adoption under the Indian Child Welfare Act |
28 Arizona State Law Journal 589 (Summer, 1996) |
For eighteen years the Indian Child Welfare Act (ICWA) has provided protection against the removal of Indian children from their Indian culture. Such protection is afforded not only to Indian children and Indian parents, but also, and of equal importance, to Indian tribes. However, a recent California case, In re Bridget R., has raised questions; Search Snippet: ...IN HEAVEN: A PARABLE OF NATIVE AMERICAN ADOPTION UNDER THE INDIAN CHILD WELFARE ACT Christine Metteer [FNa1] Copyright (c) 1996 by the... |
1996 |
Child Welfare |
David M. Osterfeld |
Plastic Indians, Nazis, and Genocide: a Perspective on America's Treatment of Indian Nations |
22 American Indian Law Review 623 (1998) |
Ward Churchill, Indians are Us? Culture and Genocide in Native North America, Common Courage Press, 1994 $14.95 Sizzling the moisture laden air, the hot summer sun creates a sticky incumbrance on human skin. As the wind whistles through the drooping power lines which plague the reservation like a swarm of locusts, damp creosote and sagebrush mix,; Search Snippet: ...for German expansion). (pp. 28 & 36). 2.) Compulsory transfer of Indian children from their families to euroamerican families and the sterilization of... |
1998 |
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Caitlain Devereaux Lewis |
Policies of Inequity - a World Apart: a Comparison of the Policies Toward Indigenous Peoples of a Post-colonial Developing Nation to Those of a Post-industrial Developed Nation |
37 American Indian Law Review 423 (2012-2013) |
A people once numerous, powerful, and truly independent, found by our ancestors in the quiet and uncontrolled possession of an ample domain, gradually sinking beneath our superior policy, our arts and our arms, have yielded their lands . . ., until they retain no more of their formerly extensive territory than is deemed necessary to their; Search Snippet: ...Indonesian educational system are quite comparable to those of the Indian boarding schools established during the Allotment and Assimilation Periods of Federal Indian law to inculcate [ Indian children] with American culture, language, and religion. [FN108] In Indonesia, [c]ultural... |
2013 |
|
I. Bennett Capers |
POLICING "BAD" MOTHERS: THE SCHOOL FOR GOOD MOTHERS. BY JESSAMINE CHAN. NEW YORK, N.Y.: SIMON & SCHUSTER. 2022. PP. 324. $17.99. TORN APART: HOW THE CHILD WELFARE SYSTEM DESTROYS BLACK FAMILIES--AND HOW ABOLITION CAN BUILD A SAFER WORLD. BY DOROTHY ROBERT |
136 Harvard Law Review 2044 (June, 2023) |
Jessamine Chan's The School for Good Mothers is not a great book. I don't mean that in the sense the writer Judith Newman did when she wrote in the New York Times Book Review one Mother's Day: No subject offers a greater opportunity for terrible writing than motherhood. Rather, I simply mean The School for Good Mothers isn't great literature. I... |
2023 |
Child Welfare |
Peggy Cooper Davis |
Post-colonial Constitutionalism |
44 New York University Review of Law and Social Change Change 1 (2019) |
This Article is drawn from remarks delivered by Professor Peggy Cooper Davis at the inaugural Elie Hirschfeld Symposium on Racial Justice in the Child Welfare System, held on January 23, 2019. For a full transcript of Professor Cooper Davis' remarks, see Appendix at the end of this issue. I. Introduction. 1 II. In what sense are we a post-colonial; Search Snippet: ...undertakes a kind of cultural or educational conversion. Kidnapping of Native children to boarding schools for socialization comes to mind, [FN1] as do the... |
2019 |
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Sandra C. Ruffin |
Postmodernism, Spirit Healing, and the Proposed Amendments to the Indian Child Welfare Act |
30 McGeorge Law Review 1221 (Summer, 1999) |
There is only one child and her name is Children A Native American Saying Nothing in this article is true; it's just the way things are. The suicide rate among Indian youths is twice the national average. Social scientists directly attribute this aggravated rate to the identity crisis resulting from Indian children being raised outside of their; Search Snippet: ...Article POSTMODERNISM, SPIRIT HEALING, AND THE PROPOSED AMENDMENTS TO THE INDIAN CHILD WELFARE ACT Sandra C. Ruffin [FNa1] Copyright (c) 1999 McGeorge... |
1999 |
Child Welfare |
Matthew L.M. Fletcher , Randall F. Khalil |
PREEMPTION, COMMANDEERING, AND THE INDIAN CHILD WELFARE ACT |
2022 Wisconsin Law Review 1199 (2022) |
This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in... |
2022 |
Child Welfare |
Andrew Gilden |
Preserving the Seeds of Gender Fluidity: Tribal Courts and the Berdache Tradition |
13 Michigan Journal of Gender & Law 237 (2007) |
Summary 237 I. Introduction 238 II. The Berdache Tradition 240 A. Native American and Euro-American Gender Systems Compared 240 B. Cultural Components of Berdachism 243 1. Child Autonomy 243 2. Gender Equality 244 3. Tribal Collectivism 245 III. The Erosion of Traditional Gender Construction 246 A. Early European Encounters 246; Search Snippet: ...suppression and subsequent transformation was the development of American-style boarding schools in which Native American children were required to enroll. These schools subjected the... |
2007 |
|
Kirsten Matoy Carlson |
Priceless Property |
29 Georgia State University Law Review 685 (Spring, 2013) |
In 2011, the poorest American Indians in the United States refused to accept over one billion dollars from the United States government. They reiterated their long-held belief that money--even $1.3 billion--could not compensate them for the taking of their beloved Black Hills. A closer look at the formation of the Sioux claim to the Black Hills; Search Snippet: ...Sioux children, Zitkala-Sa left the reservation to attend a boarding school where Indian children were forced to abandon their native languages and cultures and expected to assimilate. [FN160] She experienced... |
2013 |
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|
Privatization of Federal Indian Schools: a Legal Uncertainty |
116 Harvard Law Review 1455 (March, 2003) |
Throughout the world of education, a debate has raged over the desirability of private school management corporations (PMCs) operating the public education system. Private corporations are greatly attracted to managing public schools. Education, in theory, is a lucrative business. Primary and secondary education, the largest segment of the; Search Snippet: ...Historically, the federal government has assumed the responsibility of educating Indian children. Initially, its Indian education strategy consisted of assimilation and civilization. [FN3] The Bureau of Indian Affairs (BIA), created under the War Department in 1824 [FN4... |
2003 |
|
Kristen A. Carpenter, Angela R. Riley |
Privatizing the Reservation? |
71 Stanford Law Review 791 (April, 2019) |
Abstract. The problems of American Indian poverty and reservation living conditions have inspired various explanations. One response advanced by some economists and commentators, which may be gaining traction within the Trump Administration, calls for the privatization of Indian lands. Proponents of this view contend that reservation poverty is; Search Snippet: ...listen to Survivors, communities and others affected by abuse of Indian children in government-run boarding schools. [FN456] Based on the testimony it received, the Commission... |
2019 |
|
Catherine Y. Kim |
Procedures for Public Law Remediation in School-to-prison Pipeline Litigation: Lessons Learned from Antoine V. Winner School District |
54 New York Law School Law Review 955 (2009/2010) |
As described throughout this issue, the school-to-prison pipeline refers to policies and practices that systemically push at-risk youth out of mainstream public schools and into the juvenile or criminal justice systems. Students in K-12 public schools are subject to exclusionary school discipline practices of suspension or expulsion with; Search Snippet: ...attitudes was embodied in the assimilation policy of removing American Indian children from their homes and placing them in boarding schools, popularized as Kill the Indian, Save the Man. See U.S. Comm'n on Civil Rights, A... |
2010 |
|
Jon Reyhner |
Promoting Human Rights Through Indigenous Language Revitalization |
3 Intercultural Human Rights Law Review 151 (2008) |
The National Geographic Society's Enduring Voices project notes that about every two weeks another language dies, taking millennia of human knowledge and history with it. Writing in The Wall Street Journal, John J. Miller declared that the increasing pace of language death is a trend that is arguably worth celebrating . . . [because] age-old; Search Snippet: ...bloodiest war where both the north and south spoke English. Indian schools were to be the instrument of obliterating Indian languages to end differences in the same way public schools... |
2008 |
|
Joanna Woolman , Sarah Deer |
Protecting Native Mothers and Their Children: a Feminist Lawyering Approach |
40 William Mitchell Law Review 943 (2014) |
I. Introduction. 944 II. Background: Native American Experiences with Child Protective Services. 947 A. Precolonial Native Motherhood. 947 B. Colonization and Native Mothers. 950 1. Missionary Belief Systems About the Cultural Inferiority of Native Women's Mothering Skills. 950 2. Native Mothers and the Early American Child Protection System. 951; Search Snippet: ...while indigenous motherhood was pathological. [FN34] Throughout the United States, Native children were removed from tribal nations by force, fraud, or deceit to be sent to government and church-run boarding schools. [FN35] Some children were shipped thousands of miles from... |
2014 |
|
Allison M. Dussias |
Protecting Pocahontas's World: the Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project |
36 American Indian Law Review Rev. 1 (2012) |
I. Introduction. 3 II. The Past Is Always with Us: Mattaponi Dispossession and Persistence. 6 A. Envisioning Pocahontas's World. 8 1. Water. 11 2. Fish. 15 3. Land. 17 B. Dispossessing the Powhatan Tribes. 20 1. Claims to Land, Maize, and People. 21 2. Treaties and Reservations. 27 C. Perseverance, Adaptation, and Survival. 33 1. The Eighteenth; Search Snippet: ...to the certificates. [FN305] He pressured school superintendents to remove Indian children from white schools, [FN306] and attempted (usually without success) to... |
2012 |
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Mary Christina Wood |
Protecting the Attributes of Native Sovereignty: a New Trust Paradigm for Federal Actions Affecting Tribal Lands and Resources |
1995 Utah Law Review 109 (1995) |
I. Introduction. 111 II. Methodology for Establishing Standards of Fiduciary Care in the Indian Trust Context. 113 A. The Beacon of Fiduciary Obligation: The Best Interest Standard. 114 1. Applicability of Private Fiduciary Standards. 114 2. Statutory Standards as Substitutes for Fiduciary Obligations. 117 3. Constitutional Standards. 121 B. The; Search Snippet: ...FN494] During this period, the government directly and brutally suppressed native religious activity on the reservations, [FN495] fueled Christian evangelical efforts in Indian Country, [FN496] and forcibly removed Indian children from their reservations to offreservation boarding schools. [FN497] While these federal efforts to eradicate native religion... |
1995 |
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