AuthorTitleCitationSummaryYearKey Term
Robette Ann Dias Racism Creates Barriers to Effective Community Policing 40 Southern Illinois University Law Journal 501 (Spring, 2016) It is not often that I am invited as a community member to speak in an academic setting, and to have received the invitation to address something as essential as the relationship between healthy communities and law enforcement is an honor and a heavy responsibility. I am grateful to have had that opportunity and grateful for the invitation to; Search Snippet: ...stealing reservation resources. [FN25] Policing was also used to remove Indian children from their tribal communities to place them in residential boarding schools where many of the children experienced violence in the... 2016  
Katherine O'Donovan Real Mothers for Abandoned Children 36 Law and Society Review 347 (2002) Drawing on the laws and practices of three countries--England, France, and Germany--this article examines the constructions of narratives of abandoned children. Although the three countries share the values of the United Nations Convention on the Rights of the Child, having ratified it, their laws and practices with regard to the child's identity; Search Snippet: ...for adoption without their mothers' consents (Milotte 1997), and of native peoples whose children were forced into boarding schools provide ample evidence of the need for protection (Australian... 2002  
Kristen A. Carpenter Real Property and Peoplehood 27 Stanford Environmental Law Journal 313 (June, 2008) This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unwilling to confront the uncomfortable truth that; Search Snippet: ...massacres of people engaged in religious dances, federal laws criminalizing Indian religious practices, federally funded programs assigning Christian missionaries to reservations, the removal of Indian children from their families to Christian boarding schools, and other programs tied closely to the federal project assimilating American Indians. [FN292] Congress officially repudiated the federal assimilation policy in 1934... 2008  
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 Child Welfare
Mariam Hashmi Recent Challenges to the Indian Child Welfare Act Suggest it Is Time for the United States Supreme Court to Act: Indian Survival Depends on it 21 Rutgers Race & the Law Review 149 (2020) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to the removal of Indian children from their homes, and to protect the best interests of Indian tribes and families. The United States Supreme Court has been reluctant to hear challenges to the ICWA but with the increase in challenges in the lower courts, and a major setback; Search Snippet: ...Race & the Law Review 2020 Note RECENT CHALLENGES TO THE INDIAN CHILD WELFARE ACT SUGGEST IT IS TIME FOR THE UNITED STATES... 2020 Child Welfare
William C. Bradford Reclaiming Indigenous Legal Autonomy on the Path to Peaceful Coexistence: the Theory, Practice, and Limitations of Tribal Peacemaking in Indian Dispute Resolution 76 North Dakota Law Review 551 (2000) Nothing is gained by dwelling upon the unhappy conflicts that have prevailed . . . . The generation of Indians who suffered the privations, indignities, and brutalities of the westward march of the white man have gone to the Happy Hunting Ground, and nothing that we can do can square the account with them. Whatever survives is a moral obligation; Search Snippet: ...incorrigible girl remained abusive and required dispatch to a tribal boarding school for girls in Oklahoma; nevertheless, many non- Indian observers registered their shock at the barbarity of TPM-authorized... 2000  
Bethany R. Berger Reconciling Equal Protection and Federal Indian Law 98 California Law Review 1165 (August, 2010) Federal Indian law and policy, which largely concern the distinct status of Indian individuals and tribes defined in part by descent, increasingly face challenges that they violate equal protection law. This Article argues that such challenges stem from what Professor Philip Frickey has criticized as the seduction of artificial coherence, and; Search Snippet: ...to homesteaders and railroads, assumed jurisdiction to punish crimes between Indians, corralled Indian children in federal boarding schools, and erected Courts of Indian Offenses to regulate domestic and religious matters. [FN84] Policy began... 2010  
Larry R. Daves RECONCILING OUR PAST 50-OCT Colorado Lawyer 6 (October, 2021) On September 29, 2020, H.R. 8420 was introduced in Congress to establish the Truth and Healing Commission on Indian Boarding School Policy in the United States. The Act does not call for reparations for Native Americans, but it should. Perhaps the strongest argument for restitution derives from the formal US policy of child separation that was in... 2021  
Matthew L.M. Fletcher Red Leaves and the Dirty Ground: the Cannibalism of Law and Economics 33 American Indian Law Review 33 (2008-2009) [E]very breath that is in your lungs is a tiny little gift to me -The White Stripes, Dead Leaves and the Dirty Ground We cannot eat [our slaves]. Why not? There are too many of them. -William Faulkner, Red Leaves Less than a year after the stock market crash of 1929, William Faulkner moved into a dilapidated house in Mississippi. He; Search Snippet: ...States would continue to employ its vicious policy against the Indians who won in the latter nineteenth and early twentieth centuries by stealing Indian children and sending them to boarding schools to have their cultures and languages annihilated and by otherwise exploiting the lands of the resource-rich Indian communities that won. [FN71] Professor Kades argued that the most... 2009  
Matthew Atkinson Red Tape: How American Laws Ensnare Native American Lands, Resources, and People 23 Oklahoma City University Law Review 379 (Spring-Summer 1998) In this Article, the author discusses America's heritage of taking land from Native Americans--a heritage that continues today. The author explains that beginning with the Indian Removal Act in 1830 and the General Allotment Act in 1887, Congress has consistently passed legislation which either takes land from Native Americans or has the effect of; Search Snippet: ...at the neck of America is its aggressive kidnapping of Native American children to fill boarding schools. [FN48] At these schools, which operated into contemporary lifetimes, Indian children were injured or humiliated for speaking any words from their... 1998  
Bethany R. Berger Red: Racism and the American Indian 56 UCLA Law Review 591 (February, 2009) How does racism work in American Indian law and policy? Scholarship on the subject too often has assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of black-white racism, such as uses of blood quantum, as evidence of racism, or has emphasized the; Search Snippet: ...hard labor. [FN23] It was also the period of the Indian boarding schools, which separated children from their parents for years in order to kill the Indian . . . to save the man. [FN24] In case there was any... 2009  
Robert N. Clinton Redressing the Legacy of Conquest: a Vision Quest for a Decolonized Federal Indian Law 46 Arkansas Law Review 77 (1993) [T]o most twentieth century Americans, the legacy of slavery was serious business, the legacy of conquest was not. Patricia Limerick As the nation celebrates the quintcentenary of the Columbus invasion of America, reconsideration is in order of the role law played in the Indian Holocaust that followed. From the time of first contact between the; Search Snippet: ...Similarly, during this period, the BIA set up the infamous boarding schools designed to remove Indian children from what bureaucrats saw as the corrupting tribal influences of the reservation. At these boarding schools, Indian children were forbidden to speak their tribal languages, to wear traditional... 1993  
Ryan Seelau Regaining Control over the Children: Reversing the Legacy of Assimilative Policies in Education, Child Welfare, and Juvenile Justice That Targeted Native American Youth 37 American Indian Law Review 63 (2012-2013) It is conservatively estimated that in 1491 there were at least forty million people living in the Americas. By the time the United States was founded in 1776, that number had decreased so substantially that federal Indian policy during President Washington's tenure was to let non-Indian population growth force the savage as the wolf, to retire; Search Snippet: ...a world far worse than that of the typical non- Indian child. [FN12] There are more than one million Native youth in... 2013 Child Welfare
Philip Lee REJECTING HONORARY WHITENESS: ASIAN AMERICANS AND THE ATTACK ON RACE-CONSCIOUS ADMISSIONS 70 Emory Law Journal 1475 (2021) Since the 1960s, Asian Americans have been labeled by the dominant society as the model minority. This status is commonly juxtaposed against so-called problem minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer... 2021  
Sarah Deer Relocation Revisited: Sex Trafficking of Native Women in the United States 36 William Mitchell Law Review 621 (2010) I. Introduction. 622 II. Historical Overview: Preliminary Notes on Context. 630 III. Enslavement. 632 A. Pre-Colonial Human Captivity. 633 B. Indian Slavery under Spanish and Portuguese Law. 636 C. Indian Slavery under English Law. 638 D. Indian Slavery under French Law. 639 E. Indian Slavery in the United States. 640 IV. Exploitation. 640 A; Search Snippet: ...A. Forced Migration-- Trails of Tears 661 B. Trafficking in Native Children: Mandatory Boarding Schools 665 VI. Relocation Revisited 669 VII. Contemporary Issues 674... 2010  
Chris Gottlieb REMEMBERING WHO FOSTER CARE IS FOR: PUBLIC ACCOMMODATION AND OTHER MISCONCEPTIONS AND MISSED OPPORTUNITIES IN FULTON v. CITY OF PHILADELPHIA 44 Cardozo Law Review 1 (October, 2022) The Supreme Court's opinion in Fulton v. City of Philadelphia, which held that a Catholic foster care agency could refuse to accept gay foster parents, and virtually all commentary on the case, are flawed by a profound misunderstanding of key aspects of the foster care system. The case's role in the broader culture war between religious rights... 2022  
Daniel E. Witte, Paul T. Mero Removing Classrooms from the Battlefield: Liberty, Paternalism, and the Redemptive Promise of Educational Choice 2008 Brigham Young University Law Review 377 (2008) Utah's new school voucher law has meant many things to many people. For the thirty-seven percent of our Hispanic and African- American public-school students who do not graduate with a high-school diploma, Utah's voucher law represented a sense of hope and opportunity. For opponents of educational choice, the voucher law is un-American and a threat; Search Snippet: ...publicity campaigns and espouse policies based upon the premise that Indians could only become literate and civilized through removal of Indian children from their Indian parents and instruction in off-reservation boarding schools controlled by white federal government officials. [FN33] The objective was not simply (or perhaps even primarily) to educate Indian children, but to permanently control and transform indigenous societies in ways... 2008  
Elizabeth Ann Kronk Warner RENEWABLE ENERGY DEPENDS ON TRIBAL SOVEREIGNTY 69 University of Kansas Law Review 809 (June, 2021) Ten years ago, I wrote an article examining the development of renewable energy projects in Indian country. Over the past ten years, many things related to renewable energy development in Indian country have changed, but some things remain unchanged. With the advantage of hindsight, it is now easier to glean trends from projects that have been... 2021  
Lorie M. Graham Reparations, Self-determination, and the Seventh Generation 21 Harvard Human Rights Journal 47 (Winter 2008) In each deliberation, we must consider the impact of our decisions on the next seven generations. --Great Law of the Haudenosaunee [T]he grandmothers and grandfathers . . . thought about us as they lived, confirmed in their belief of a continuing life . . . . --Simon Ortiz, Poet and Writer Indigenous teachings on law and family help define our; Search Snippet: ...message as we reflect upon the thirtieth anniversary of the Indian Child Welfare Act of 1978 (ICWA) [FN3] and look to the... 2008  
S. James Anaya Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in the United States of America 32 Arizona Journal of International and Comparative Law 51 (2015) C1-2Table of Contents Summary. 52 I. The indigenous peoples of the United States. 53 A. The diverse indigenous nations, tribes and communities. 53 B. The contributions of indigenous peoples to the broader society, despite negative stereotypes. 54 II. United States law and policy regarding indigenous peoples. 55 A. The basic framework. 55 B. The; Search Snippet: ...of federal programmes that are devised for their benefit; the Indian Child Welfare Act of 1978, which favours indigenous custody of indigenous... 2015  
John P. La Velle Rescuing Paha Sapa: Achieving Environmental Justice by Restoring the Great Grasslands and Returning the Sacred Black Hills to the Great Sioux Nation 5 Great Plains Natural Resources Journal 40 (Spring/Summer, 2001) History, despite its wrenching pain, Cannot be unlived, but if faced With courage, need not be lived again. I. The Proposal for Establishing the Greater Black Hills Wildlife Protected Area. 41 II. A Harvest of Sorrow and Blood: The Dispossession of Paha Sapa. 43 III. The Vital Need for Returning Paha Sapa to the Great Sioux Nation. 63 IV. The; Search Snippet: ...from their families and communities to be raised by non- Indians in far-off boarding schools. Congress passed a number of statutes aimed at destroying... 2001  
Whitney Saunders RESISTING INDIGENOUS ERASURE IN RHODE ISLAND: THE NEED FOR COMPULSORY NATIVE AMERICAN HISTORY IN RHODE ISLAND SCHOOLS 27 Roger Williams University Law Review 379 (Spring, 2022) Before we begin, I want to take a moment to reflect on the lands on which we reside. We are coming from many places, physically and remotely, and we want to acknowledge the ancestral homelands and traditional territories of Indigenous and Native peoples who have been here since time immemorial and to recognize that we must continue to build our... 2022  
Bill Piatt RESPECTING THE IDENTITY AND DIGNITY OF ALL INDIGENOUS AMERICANS 6 Howard Human & Civil Rights Law Review 83 (2021-2022) The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other paper genocide mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were... 2022  
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  
Sara E. Hill RESTORING OKLAHOMA: JUSTICE AND THE RULE OF LAW POST-MCGIRT 57 Tulsa Law Review 553 (Spring, 2022) I. Introduction. 554 II. Criminal Jurisdiction in a Post-McGirt World: The Creation of Modern Criminal Jurisdictional Rules in Indian Country. 558 A. Evolution of Criminal Jurisdiction in Indian Country. 559 III. The Post-McGirt Toolkit: Jurisdictional Problem-solving in Indian Country. 565 A. Public Law 280. 565 B. Cross-deputation Agreements. 567... 2022  
T.S. Twibell Rethinking Johnson V. M'intosh (1823): the Root of the Continued Forced Displacement of American Indians Despite Cobell V. Norton (2001) 23 Georgetown Immigration Law Journal 129 (Fall, 2008) The accepted principle of governing the discovery of barbarous countries by civilized people is that discovery gave the state by whose subjects or by whose authority it was made the exclusive right to settle, possess, and govern the new land and the absolute title to the soil, subject to certain right of occupancy only in the natives . when the; Search Snippet: ...from families. There had always been instances of kidnappings of Indian children by the Anglos, but the practice returned with a new... 2008  
Stephanie Hall Barclay , Michalyn Steele RETHINKING PROTECTIONS FOR INDIGENOUS SACRED SITES 134 Harvard Law Review 1294 (February, 2021) Introduction. 1296 I. The History of Government Callousness and Coercion Regarding Indigenous Sacred Sites. 1303 A. The Significance of Sacred Sites to Indigenous Peoples. 1304 B. Government Disregard of Indigenous Religious Practices and Divestiture of Sacred Sites. 1307 C. Potentially Applicable Tools for Indigenous Sacred Sites. 1317 II.... 2021  
Wallace Coffey, Rebecca Tsosie Rethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations 12 Stanford Law and Policy Review 191 (Spring, 2001) Cultural sovereignty is the heart and soul that you have, and no one has jurisdiction over that but God. Wallace Coffey (Comanche) This article is the result of a dialogue between colleagues who live and work within a particular universe which Indian people know very well and non-Indians know very little: the cultural existence of an Indian nation; Search Snippet: ...for their own good. Thus, until rescinded by the 1934 Indian Reorganization Act, [FN125] multiple federal policies such as allotment, criminalization of Native religion, forcible removal of Native children to remote boarding schools (where they were forbidden to speak their languages and... 2001  
Sarah Deer, Mary Kathryn Nagle Return to Worcester: Dollar General and the Restoration of Tribal Jurisdiction to Protect Native Women and Children 41 Harvard Journal of Law & Gender 179 (Winter, 2018) C1-2Table of Contents Introduction. 180 I. Non-Indian Perpetrated Violence Against Native Women Was Designed to Secure Colonial Conquest and the Destruction of Tribal Nations. 187 A. Native Women Form the Foundation of Tribal Sovereignty. 187 B. Non-Indian Perpetuated Violence Was Purposefully Used Against Native Women and Children as a Form of; Search Snippet: ...Spaniards, are in the habit not only of carrying off Indian children, but also committing outrages against their women, and I have... 2018  
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  
David H. Moore , Michalyn Steele REVITALIZING TRIBAL SOVEREIGNTY IN TREATYMAKING 97 New York University Law Review 137 (April, 2022) In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more... 2022  
Maire Corcoran Rhetoric Versus Reality: the Jurisdiction of Rape, the Indian Child Welfare Act, and the Struggle for Tribal Self-determination 15 William and Mary Journal of Women and the Law 415 (Winter, 2009) This note examines the rape crisis affecting Native American women today and the jurisdictional issues that affect how and whether tribes may prosecute and punish rapists. This note also examines the efficacy of the Indian Child Welfare Act (ICWA) in preventing inappropriate removal of Native children from their tribal environment. A comparison of; Search Snippet: ...Roles Notes RHETORIC VERSUS REALITY: THE JURISDICTION OF RAPE, THE INDIAN CHILD WELFARE ACT, AND THE STRUGGLE FOR TRIBAL SELF-DETERMINATION Maire... 2009 Child Welfare
Kimberly A. Costello Rice V. Cayetano: Trouble in Paradise for Native Hawaiians Claiming Special Relationship Status 79 North Carolina Law Review 812 (March, 2001) The United States government has long claimed a special relationship with the once-sovereign peoples whose culture and autonomy were forever altered and in some cases destroyed by Western expansion. As distinguished from other minority groups, indigenous tribal Indians have a unique legal and political relationship with the federal government,; Search Snippet: ...groups are not considered tribes for the purposes of the Indian Child Welfare Act, 25 U.S.C. ยง 1903(8) (1994)); Reid Peyton... 2001  
Kristina M. Campbell Rising Arizona: the Legacy of the Jim Crow Southwest on Immigration Law and Policy after 100 Years of Statehood 24 Berkeley La Raza Law Journal L.J. 1 (2014) United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its papers please law, SB 1070, the American; Search Snippet: ...inequality in Arizona education occurred in the case of American Indians, who were taken from their families of origin and enrolled in the Phoenix Indian Industrial Boarding School with the goal of assimilating them to White culture. [FN179] 2. The Phoenix Indian Industrial Boarding School (The Phoenix Indian School) Like many States, Arizona has a long and shameful... 2014  
Brent T. White Ritual, Emotion, and Political Belief: the Search for the Constitutional Limit to Patriotic Education in Public Schools 43 Georgia Law Review 447 (Winter, 2009) One sings the Marseillaise for its words, of course, but one sings it especially for the mass of emotions that it stirs in our subconscious. -Maurice Barres (1902) Young children across America begin the school day with ritualized expressions of loyalty to the United States. With hands on their hearts, they pledge allegiance to the flag of the; Search Snippet: ...Americanizing immigrants in the new urban schools and with assimilating Native American tribes by removing Indian children from their homes and placing them into state boarding schools. [FN15] Public schools were similarly used in Hawaii to... 2009  
Allison E. Davis Roadway to Reform: Assessing the 2015 Guidelines and New Federal Rule to the Indian Child Welfare Act's Application to State Courts 22 Suffolk Journal of Trial and Appellate Advocacy 91 (2016-2017) In 1987, Congress enacted the Indian Child Welfare Act (ICWA), in order to protect Native American children during custody and placement proceedings. The 38-year-old statute was last updated on its application with guidelines in 1979. Over the years, courts have determined that the guidelines were not binding on state courts; rather the; Search Snippet: ...ASSESSING THE 2015 GUIDELINES AND NEW FEDERAL RULE TO THE INDIAN CHILD WELFARE ACT'S APPLICATION TO STATE COURTS Allison E. Davis Copyright... 2017 Child Welfare
Richard Delgado Rodrigo's Corrido: Race, Postcolonial Theory, and U.s. Civil Rights 60 Vanderbilt Law Review 1691 (November, 2007) Introduction: Enter Rodrigo, Sporting a New Persona. 1692 I. In Which Rodrigo Sets Out His New Synthesis: What the American Civil Rights Community Can Learn from Postcolonial Scholarship. 1695 A. In Which Rodrigo Explains the First Part of His Thesis: How Postcolonial Thought Can Enrich American Civil Rights Scholarship. 1697 B. In Which Rodrigo; Search Snippet: ...with his own people. This happened, of course, with American Indian, Alaskan Native, and Australian aboriginal children sent to English-speaking boarding schools. [FN59] But it can also happen to an adult... 2007  
Rebecca Tsosie Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights 47 UCLA Law Review 1615 (August, 2000) Today, Native Americans and Mexican American point to the treaties of the last century in support of their claims for intercultural justice. Under this discourse of treaty rights, both the Indian treaties and the Treaty of Guadalupe Hidalgo embody the moral obligation of the United States to honor its promises to respect the land and the cultural; Search Snippet: ...supplant these with Anglo American forms of governance. Under the Boarding School policy, Indian children were forcibly removed from their homes and sent to distant boarding schools for periods of up to eight years, during which... 2000  
Rayanne J. Griffin Sacred Site Protection Against a Backdrop of Religious Intolerance 31 Tulsa Law Journal 395 (Winter 1995) No chapter in human history has been so largely written in terms of persecution and intolerance as the one dealing with religious freedom. From ancient times to the present day, the ingenuity of man has known no limits in its ability to forge weapons of oppression for use against those who dare to express or practice unorthodox religious beliefs. ; Search Snippet: ...went as far as to promote the separation of young Indian children from their parents and traditional culture through the federal boarding school system. Id. at 2. . Walter Echo-Hawk, Loopholes... 1995  
Anastasia P. Winslow Sacred Standards: Honoring the Establishment Clause in Protecting Native American Sacred Sites 38 Arizona Law Review 1291 (Winter, 1996) L1-2Introduction 1292. M5I. Christian and Native American Religions Compared. 1294 A. On God. 1295 B. On Human Nature. 1297 C. On the Environment. 1297 D. On Time and Space. 1298 E. On Individuality. 1299 F. On Substance Use. 1299 G. On Universal Truths. 1301 II. Traditional Establishment Clause Rules and Their Application to Native American Sacred; Search Snippet: ...with a principal aim being their conversion to Christianity. [FN159] Native American children were removed from their homes, forced to attend church services, and sent to Christian boarding schools supported with federal funds and staffed with teachers supplied... 1996  
Bethany R. Berger Savage Equalities 94 Washington Law Review 583 (June, 2019) Abstract: Equality arguments are used today to attack policies furthering Native rights on many fronts, from tribal jurisdiction over non-Indian abusers to efforts to protect salmon populations in the Pacific Northwest. These attacks have gained strength from a modern movement challenging many claims by disadvantaged groups as unfair special; Search Snippet: ...United States. Tribal removal, confinement on reservations, involuntary allotment and boarding schools, tribal termination--all were justified, in part, as necessary to achieve individual Indian equality. The results of these policies, justified as equalizing the... 2019  
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 Boarding School
Keila Mayberry SEARCHING FOR JUSTICE FOR AUSTRALIA'S STOLEN GENERATIONS 22 Chicago Journal of International Law 661 (Winter, 2022) Until the early 1970s, Australian federal and state government agencies forcibly removed tens of thousands of Aboriginal and Torres Strait Islander children from their families and placed them up for adoption or in group homes and church missions. These children are known as the Stolen Generations. Domestic remedies have proven insufficient in... 2022  
Joyce E. McConnell Securing the Care of Children in Diverse Families: Building on Trends in Guardianship Reform 10 Yale Journal of Law & Feminism 29 (1998) I. Introduction II. Current Law: Inadequately Meeting Needs of Diverse Favilies and Their Children A. Continuum of Transferred Rights B. Traditional Guardianship 1. Basic Principles of Legal Parents' Natural Guardianship Rights 2. Testamentary Appointment of Guardian C. Nontraditional Guardianship: Standby Guardianship D. Coguardianship E. Power of; Search Snippet: ...feature of this federal policy was the practice of removing Indian children from their families and tribes for assimilation purposes. [FN112] Some were placed in boarding schools, far from their reservations, [FN113] and others were placed in non- Indian adoptive homes. [FN114] Recognizing the devastation that this federal policy... 1998  
Kelly D. Lynn Seeking Environmental Justice for Cultural Minorities: the South Lawrence Trafficway of Lawrence, Kansas 12 Kansas Journal of Law & Public Policy 221 (Winter, 2003) There is a compact between humans and their surroundings which must be considered when humans make governmental decisions about themselves and their neighbors. In 1882, Congress established a non-reservation Native American boarding school named Haskell Institute in Lawrence, Kansas, with the pronounced purpose to civilize Native American; Search Snippet: ...FN1] I. BACKGROUND In 1882, Congress established a non-reservation Native American boarding school named Haskell Institute in Lawrence, Kansas, with the pronounced purpose to civilize Native American children. [FN2] Approximately 700 students were enrolled there at... 2003  
Michael I. Fiske Self-determination for Whom? Native American Sovereign Immunity & Disability Rights 10 Albany Government Law Review 271 (2017) Both Native American tribes and individuals with disabilities are historically oppressed minorities that have experienced a variety of profound social, cultural, and economic barriers. From the very beginnings of the United States, dominant societal attitudes have perceived Native Americans as being inferior and uncivilized, and commonly referred; Search Snippet: ...policies on the part of the federal government to suppress Native American cultures, languages, and religious traditions; while attempting to forcibly... 2017  
Tadd M. Johnson , James Hamilton Self-governance for Indian Tribes: from Paternalism to Empowerment 27 Connecticut Law Review 1251 (Summer 1995) This Article identifies a fundamental shift in the relationship between the federal government and American Indians heralded by the passage of the Tribal Self Governance Act. This law is an evolutionary response to the historic tension between the two main tenets of federal Indian law--Tribal Sovereignty and Federal Trust Responsibility. This; Search Snippet: ...to self-govern. Perhaps the most pernicious attempt at civilizing Indians were the Indian boarding schools. Indian children were expropriated from their homes and families to be educated... 1995  
Rebecca Tsosie Separate Sovereigns, Civil Rights, and the Sacred Text: the Legacy of Justice Thurgood Marshall's Indian Law Jurisprudence 26 Arizona State Law Journal 495 (Summer, 1994) When Justice Thurgood Marshall stepped down from the Supreme Court, many people mourned the loss of his vision of equality, civil rights, and justice. Marshall's vision lives on in his opinions, however, providing a legacy for future courts grappling with difficult issues such as sovereignty, civil rights, federalism, and individual liberty; Search Snippet: ...as citizenship for other Americans. Even after the 1924 Act, Indians were considered to be wards of the federal government, and the government, through its plenary power over Indians, could take their property rights, limit their rights to religious freedom, and forcibly remove their children to boarding schools, all for their own good. [FN191] Although the overt... 1994  
Carol Sanger Separating from Children 96 Columbia Law Review 375 (March, 1996) I. Introduction. 376 II. The Social History of Maternal Presence. 388 A. Regulating Separations: An Historical Overview. 389 1. Exposure, Oblation, and Abandonment. 390 2. Wet-Nursing. 395 3. Apprenticeships. 396 B. Inventing the Virtue: The Nineteenth Century. 399 C. The Grand Prerogative Today. 409 III. Reconsidering Separations. 420 A; Search Snippet: ...see Sanger, supra note 172, at 317, secondary schools for Native American children were provided only off reservations, see Margaret Connell Szasz, Federal Boarding Schools and the Indian Child: 19201960, in Growing Up in America: The Child in... 1996  
Marcia Yablon-Zug Separation, Deportation, Termination 32 Boston College Journal of Law & Social Justice 63 (Winter, 2012) Abstract: There is a growing practice of separating immigrant children from their deportable parents. Parental fitness is no longer the standard with regard to undocumented immigrant parents. Increasingly, fit undocumented parents must convince courts and welfare agencies that continuing or resuming parental custody is in their child's best; Search Snippet: ...iteration of this phenomenon. [FN296] B. Best Interest Considerations and Indian Children The history of separating Indian children from their parents provides a compelling example of how biases... 2012  
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18