AuthorTitleCitationSummaryYearKey Term in Title or Summary
Kate Shearer Mutual Misunderstanding: How Better Communication Will Improve the Administration of the Indian Child Welfare Act in Texas 15 Texas Tech Administrative Law Journal 423 (Summer, 2014) I. Introduction. 423 II. Background: A Juxtaposition of the Primary Goals for Removed Children Under the Indian Child Welfare Act and Under the Texas Department of Family and Protective Services. 425 A. The Goals of Child Protective Services Following Removal. 425 1. Best Interests of the Child. 425 2. Permanency Plan. 426 3. Minimum Sufficient; Search Snippet: ...MISUNDERSTANDING: HOW BETTER COMMUNICATION WILL IMPROVE THE ADMINISTRATION OF THE INDIAN CHILD WELFARE ACT IN TEXAS Kate Shearer Copyright (c) 2014 The... 2014 Yes
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  
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  
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  
Natsu Taylor Saito Tales of Color and Colonialism: Racial Realism and Settler Colonial Theory 10 Florida A & M University Law Review 1 (Fall 2014) Introduction. 3 I. Dreams Deferred. 9 A. Liberatory Visions. 9 B. Persistent Disparities. 13 C. Retrenchment and Repression. 16 D. Racial Realism and Colonial Relations. 20 II. Colonial relations. 22 A. Colonialism: An Overview. 23 B. Settler Colonization. 25 C. Triangulation. 28 III. Recasting the Narrative. 30 A. Settler Origin Stories. 31 B. The; Search Snippet: ...FN185] and the forced relocation of about half of all Native children, for some five generations, to boarding schools whose stated mission was to kill the Indian, save the man in each student. [FN186] The unconstrained power... 2014  
Jane Burke The "Baby Veronica" Case: Current Implementation Problems of the Indian Child Welfare Act 60 Wayne Law Review 307 (Spring, 2014) Save Veronica has become a common phrase in the American South over the past year. It appears on the signs of local businesses, is stamped on light purple bracelets, and is the rallying cry for fundraisers, candlelight vigils, and cupcake sales on holidays. It is the topic of many newspaper articles and television news broadcasts and was recently; Search Snippet: ...Note THE BABY VERONICA CASE: CURRENT IMPLEMENTATION PROBLEMS OF THE INDIAN CHILD WELFARE ACT Jane Burke Copyright © 2014 by Wayne State University... 2014 Yes
Wenona T. Singel The First Federalists 62 Drake Law Review 775 (Spring 2014) One aspect of federalism's values that scholars and the courts have largely ignored is their relevance to tribal governance. As sovereigns within the United States that govern with a measure of de jure autonomy, Indian tribes are important agents of self-rule within the United States' federal system. The tribal exercise of sovereignty, while not; Search Snippet: ...of child guardianship proceedings, and murder. [FN157] The dispossession of Indian lands also occurred simultaneously with the wholesale removal of Indian children from their families; during the latter quarter of the 19th century, federal appropriations for Indian boarding schools grew dramatically year after year, [FN158] as Captain Richard Pratt implemented a program to kill the Indian . . . to save the man. [FN159] The legal incorporation of 2014  
Anita Ortiz Maddali The Immigrant "Other": Racialized Identity and the Devaluation of Immigrant Family Relations 89 Indiana Law Journal 643 (Spring, 2014) This Article explores how current terminations of undocumented immigrants' parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the; Search Snippet: ...sprang. [FN49] Similarly, in the 1800s-at a time when Native Americans were still denied American citizenship-Christian missionaries, and later the federal government, forcibly removed Native American children from their homes and placed them in boarding schools. [FN50] [T]he aim was the assimilation of Indian children into Anglo-American society. [FN51] According to Tsianina Lomawaima, a professor specializing in American Indian Studies, 2014  
Shawn L. Murphy The Supreme Court's Revitalization of the Dying "Existing Indian Family" Exception 46 McGeorge Law Review 629 (2014) C1-2Table of Contents I. Introduction. 630 II. Background: What is the Indian Child Welfare Act and the Existing Indian Family Exception?. 631 A. History of ICWA. 631 B. To Whom and When Does ICWA Apply?. 632 C. What Does ICWA Provide?. 633 1. ICWA as a Jurisdictional Statute. 633 2. ICWA Provides Special Protections for Indian Parents and; Search Snippet: ...of Contents I. Introduction 630 II. Background: What is the Indian Child Welfare Act and the Existing Indian Family Exception 631 A... 2014  
Julie Sobotta Kane Why Applying the Indian Child Welfare Act Is Worth the Hassle 57-OCT Advocate 28 (October, 2014) After practicing for many years in the area of Indian Law, I often heard complaints about the application of the Indian Child Welfare Act (ICWA) in child protection cases. The Act requires state courts to notify Indian Tribes when members of their tribes are subjects of a proceeding. It also requires higher standards of proof when placing children; Search Snippet: ...5285413 ADVOCATE Advocate October, 2014 Section Article WHY APPLYING THE INDIAN CHILD WELFARE ACT IS WORTH THE HASSLE Julie Sobotta Kane [FNa1... 2014 Yes
Danielle J. Larson You're Breaking Up: the Faulty Connection Between Congressional Intent and Supreme Court Interpretation in Adoptive Couple V. Baby Girl, 133 S. Ct. 2552 (2013) 93 Nebraska Law Review 517 (2014) I. Introduction. 518 II. Background. 519 A. Legislative History of ICWA. 519 1. Indian Child Removal Pre-ICWA. 519 2. Factors Driving Removal Rates. 520 a. Physical Abuse. 520 b. Ethnocentrism. 520 c. Institutional Structure. 523 B. Overview of ICWA. 524 C. Existing Indian Family Exception. 525 D. Mississippi Band of Choctaw Indians v. Holyfield; Search Snippet: ...II. Background 519 A. Legislative History of ICWA 519 1. Indian Child Removal Pre-ICWA 519 2. Factors Driving Removal Rates 520... 2014  
Kelsey Vujnich A Brief Overview of the Indian Child Welfare Act, State Court Responses, and Actions Taken in the past Decade to Improve Implementation Outcomes 26 Journal of the American Academy of Matrimonial Lawyers 183 (2013) Since the Indian Child Welfare Act (hereafter ICWA) was adopted in 1978 by the U.S. Congress, various courts have struggled with its application, at times coming to different conclusions regarding various terms in the statute and producing different outcomes by state. Differences among state court decisions range from philosophical differences as; Search Snippet: ...of Matrimonial Lawyers 2013 Comment A BRIEF OVERVIEW OF THE INDIAN CHILD WELFARE ACT, STATE COURT RESPONSES, AND ACTIONS TAKEN IN THE... 2013 Yes
Carole Goldberg A Native Vision of Justice 111 Michigan Law Review 835 (April, 2013) The Surrounded. By D'Arcy McNickle. New York: Dodd Mead. 1936. (University of New Mexico Press 1978 ed.). Pp. 297. $23.95. That's the way it goes now; the old law is not used and nobody cares about the new. Old Modeste The Surrounded (p. 207) He could tell himself, as he stood there, not only listening but seeing, that of all joys, there was none; Search Snippet: ...in the local Catholic mission school and in a federal Indian boarding school. For different reasons, neither parent wanted him to pursue... 2013  
Sonia M. Gipson Rankin Black Kinship Circles in the 21 Century: Survey of Recent Child Welfare Reforms and How it Impacts Black Kinship Care Families 12 Whittier Journal of Child and Family Advocacy 1 (Spring, 2013) The Black American community has been celebrated for the historical success of kinship care. Children not living with biological parents are enveloped by relatives, friends, and community members in order to create a resilient people often reared in the harshest of American socio-economic conditions. Our federal government, states, and communities; Search Snippet: ...plays in the development of a child would be the Indian Child Welfare Act of 1978 ( 25 U.S.C. §§ 1901 1963 (1978... 2013 Yes
Craig J. Dorsay , Partner, Dorsay & Easton LLP Blood Quantum Issues and Other Challenges for Tribal Attorneys and Their Clients 2013 Aspatore 5293044 (October, 2013) The Indian Self-Determination Education Assistance Act of 1975 (ISDEAA) essentially crystallized a requirement that tribes have formal membership regulations to receive federal benefits/services. Before that time, the provision of federal services was not dependent upon tribes being federally recognized. For example, the members of one of the; Search Snippet: ...Advisory Council, in Washington, under state rules, and the Local Indian Child Welfare Advisory Committee (LICWAC). Also, the Indian Child Welfare Act of 1978 has a couple of provisions that... 2013  
Amy Gilbert Community-based Child Care in Ethiopia Vs. The Individual Centered Model in the United States: a Closer Examination of Family Group Decision Making in Child Placement 33 Children's Legal Rights Journal 348 (Fall, 2013) The Federal Democratic Republic of Ethiopia is the oldest independent country in Africa, rich with history and cultural tradition. Although Ethiopia is the second most populous nation and one of the fastest growing non-oil economies on the African continent, it still remains one of the poorest and most primitive countries in the world. Throughout; Search Snippet: ...result of this practice, the U.S. government eventually passed the Indian Child Welfare Act of 1978 (ICWA), [FN131] recognizing a predominately tribal... 2013  
  Conference Transcript: Heeding Frickey's Call: Doing Justice in Indian Country 37 American Indian Law Review 347 (2012-2013) HEEDING PHIL FRICKEY'S CALL: THE ISSUES IN INDIAN COUNTRY. 348 Matthew L.M. Fletcher, Professor of Law and Director of the Indigenous Law & Policy Center, Michigan State University College of Law. 348 Joseph Heath, Attorney at Law, Onondaga Nation General Counsel. 351 Pat Sekaquaptewa, Executive Director, Nakwatsvewat Institute. 358 ENVIRONMENTAL; Search Snippet: ...a history of federal policies such as mandatory placement of Indian children in boarding schools and the Indian Adoption Project. [FN67] These federal policies that weaken family structures... 2013  
Karen Gray Young Do We Have it Right this Time? An Analysis of the Accomplishments and Shortcomings of Washington's Indian Child Welfare Act 11 Seattle Journal for Social Justice 1229 (Spring, 2013) Jessie Scheibner's eyes cloud with tears and her voice trembles as she talks about the day, almost 70 years ago, when a stranger's car pulled up to her parents' home on the Port Gamble S'Klallam Reservation and took her and her two sisters away. The memories of that car ride when she was three and the years spent in one foster home after another; Search Snippet: ...TIME? AN ANALYSIS OF THE ACCOMPLISHMENTS AND SHORTCOMINGS OF WASHINGTON'S INDIAN CHILD WELFARE ACT Karen Gray Young [FNa1] Copyright © 2013 by Seattle... 2013 Yes
Ziwei Hu Equity's New Frontier: Receiverships in Indian Country 101 California Law Review 1387 (October, 2013) Southern California's Coachella Valley is one of the poorest regions in the country. Its location in Riverside County--which is within close proximity to some of the nation's wealthiest citizens and also the U.S.-Mexico border--along with the county's dependence on the agriculture industry has contributed to a significant demand for low-wage farm; Search Snippet: ...law was passed requiring him to conform to white institutions. Indian children were kidnapped and forced into boarding schools thousands of miles from their homes to learn the... 2013  
David D. Meyer Family Law Equality at a Crossroads 2013 Michigan State Law Review 1231 (2013) C1-2Table of Contents Introduction. 1231 I. Where We've Come: An Equality Revolution. 1233 A. Gender. 1233 B. Race. 1235 C. Nonmarital Families. 1235 D. Autonomy Rights Protected Through Equality. 1236 II. The Road Ahead: The Hard Work of Calibrating Equality. 1241 A. Fewer Rigid Classifications. 1244 B. Recognition of More Conflicting (and Thus; Search Snippet: ...Veronica Case, challenging the disruption of an adoption under the Indian Child Welfare Act. [FN59] If the past fifty years have been... 2013  
Vinita B. Andrapalliyal History Repeats Itself: Parallels Between Current-day Threats to Immigrant Parental Rights and Native American Parental Rights in the Twentieth Century 8 University of Massachusetts Law Review 562 (Spring, 2013) Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants' limited access to the U.S. legal system are; Search Snippet: ...century. It suggests that a federal statute modeled on the Indian Child Welfare Act may be able to comprehensively address the issues... 2013  
Ryan D. Dreveskracht House Republicans Add Insult to Native Women's Injury 3 University of Miami Race & Social Justice Law Review Rev. 1 (2013) Introduction. 1 Background and Context. 2 What's the Big Deal? It Isn't That Bad.. 12 Constitutionality and Supreme Court Review. 21 Conclusion. 27; Search Snippet: ...à-vis Indian women). . Patrice H. Kunesh, Transcending Frontiers: Indian Child Welfare in the United States , 16 B.C. Third World L.J. 17, 22 (1996) Under this policy, Indian children were taken from their families on the reservations and sent, often across the country, to attend boarding schools. Id. It was the goal of the federal government to place Indian children in a totally foreign and controlled environment where they would... 2013  
Frank Pommersheim Land into Trust: an Inquiry into Law, Policy, and History 49 Idaho Law Review 519 (2013) C1-2TABLE OF CONTENTS I. INTRODUCTION. 519 II. ALLOTMENT AND THE BACKGROUND OF SECTION 5 OF THE INDIAN REORGANIZATION ACT. 521 III. THE ADMINISTRATIVE PROCESS OF PUTTING LAND INTO TRUST. 527 A. Application, Notification, and Final Decision. 527 B. Administrative Appeal and Judicial Review. 528 IV. LEGAL CHALLENGES: THE EXAMPLE OF SOUTH DAKOTA. 529; Search Snippet: ...wreaked havoc with their religious and educational programs, particularly the boarding school program, which took Indian children away from their families for substantial periods of time and... 2013  
Stacy Byrd Learning from the Past: Why Termination of a Non-citizen Parent's Rights Should Not Be Based on the Child's Best Interest 68 University of Miami Law Review 323 (Fall 2013) I. Introduction. 323 II. Interests Involved. 327 A. The Parent's Constitutional Right. 328 B. The State's Duty to Protect Children. 329 C. The Child's Two-Fold Interest. 332 1. The Child's Constitutional Interest in Preserving Familial Relationships. 332 2. The Child's Statutory Right to Permanency. 333 III. Striking a Balance. 334 A. Defining the; Search Snippet: ...Americans 342 1. Early Efforts at Assimilation 343 2. The Indian Child Welfare Act of 1978 345 V. So There's a Problem... 2013  
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  
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  
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  
Tanya Asim Cooper Racial Bias in American Foster Care: the National Debate 97 Marquette Law Review 215 (Winter, 2013) In disproportionately high numbers, Native American and African American children find themselves in the American foster care system. Empirical data establish that these children are removed from their families at greater rates than other races and stay in foster care longer, where they are often abused, neglected, and then severed from their; Search Snippet: ...these families remains a terrible blight. [FN102] Heralded as the Boarding School era that lasted over 100 years, [FN103] many Native American children were involuntarily rounded up, removed from their families, and sent hundreds of miles away to boarding schools. [FN104] As part of the federal government's assimilation policy... 2013  
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 Yes
W. Burlette Carter The "Federal Law of Marriage": Deference, Deviation, and Doma 21 American University Journal of Gender, Social Policy and the Law 705 (2013) I. Introduction. 707 II. American Notions of Local Matters. 714 A. Origins. 714 1. The Colonial Experience. 714 2. The Notion That the People Rule. 716 3. Conflict of Laws Theory. 717 B. The Local Powers of U.S. Territories. 720 III. Instances of Federal Deviation from Local Marriage Law. 721 A. Deviation to Recognize Marriages That a State or; Search Snippet: ...the context involved the inheritance of or legitimacy of an Indian child. [FN264] The federal treatment of Indian marriage (and even the... 2013  
Melina Angelos Healey The School-to-prison Pipeline Tragedy on Montana's American Indian Reservations 37 New York University Review of Law and Social Change 671 (2013) I. Introduction. 673 II. Foundations of the Pipeline. 674 A. The Nationwide School-to-Prison Pipeline. 674 B. Tribes and Reservations Examined in this Article. 677 III. Background and Approach. 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 679 B. The Utility of a Critical Race Approach to Understanding the; Search Snippet: ...III. Background and Approach 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation 679 B. The Utility of a... 2013  
David Ray Papke Transracial Adoption in the United States: the Reflection and Reinforcement of Racial Hierarchy 15 Journal of Law and Family Studies 57 (2013) Transracial adoption strikes most as an appealing undertaking. People who have adopted a child of another race or been adopted by parents of another race are usually delighted by the results and consider themselves truly fortunate. People who have participated in a transracial adoption might even assert that their families have transcended race and; Search Snippet: ...history in the United States. The institution of white-run boarding schools for Native American children dates back to the 1800s. In the late 1800s, the Federal Bureau of Indian Affairs developed a whole network of boarding schools, in which the children were supposed to develop an... 2013  
David Ray Papke Transracial Adoption in the United States: the Reflection and Reinforcement of Racial Hierarchy 2013 Utah Law Review 1041 (2013) Transracial adoption strikes most as an appealing undertaking. People who have adopted a child of another race or been adopted by parents of another race are usually delighted by the results and consider themselves truly fortunate. People who have participated in a transracial adoption might even assert that their families have transcended race and; Search Snippet: ...history in the United States. The institution of white-run boarding schools for Native American children dates back to the 1800s. In the late 1800s, the Federal Bureau of Indian Affairs developed a whole network of boarding schools, in which the children were supposed to develop an... 2013  
Andrea L. Johnson A Perfect Storm: the U.s. Anti-trafficking Regime's Failure to Stop the Sex Trafficking of American Indian Women and Girls 43 Columbia Human Rights Law Review 617 (Spring, 2012) In 2001, the United States Department of State ceremoniously revealed its inaugural Trafficking In Persons (TIP) Report, nine months after the passage of the Trafficking Victims Protection Act (TVPA)--the first comprehensive federal law to address human trafficking. The introduction to the statutorily mandated report included a bold statement: The; Search Snippet: ...their sex and labor by colonizers and westward settlers, American Indian women and girls were continuously subjected to sexual exploitation--often... 2012  
Tonya Kowalski A Tale of Two Sovereigns: Danger and Opportunity in Tribal-state Court Relations 47 Tulsa Law Review 687 (Spring 2012) As the many Native American nations garner economic strength and come into increasing contact with state and local forums, so do the chances that those forums will come face to face with questions of tribal law. The challenges posed by an Anglo-American court answering questions of tribal law present both danger and opportunity. Opportunities come; Search Snippet: ...Just as insidious were the forced assimilation policies that wrested Indian children from their families and placed them into boarding schools, in many cases for cultural re-education, [FN23] forced... 2012  
Aaron J. Stewart Acting for the Left Behind: How the Native Class Act Could Close the Gaps in American Indian Education 36 American Indian Law Review 347 (2012) A new bill in the Senate has many American Indians wondering whether the educational future of Native peoples is indeed bright, or whether the status quo will continue. On June 23, 2011, Senator Daniel Akaka introduced the Native Culture, Language, and Access for Success in Schools Act (Native CLASS Act). This bill's current thrust is to amend; Search Snippet: ...the mid-1700s. [FN12] It was those movements that launched Indian education experiments, such as boarding schools and religious schools on Indian settlements. [FN13] In 1778, the United States government began taking... 2012  
Robert Cruz Am T Ñe'ok et A:t O Ce:ek T Do'ibioda:lik "In Our Language Is Where We Will Find Our Liberation" 22 Berkeley La Raza Law Journal 97 (2012) I am O'odham and draw from my experiences with O'odham elders who have discussed their feelings about O'odham existence and expressed how we may continue practicing our way of life. O'odham life ways called Himdag have sustained us since time immemorial and even if we have lost much, exercising the small amount remaining will carry us forward as; Search Snippet: ...as a result of religious doctrine about how to educate Indian children and two political factions resulted purporting to represent the O'odham... 2012  
Benjamin Hochberg Bringing Jim Thorpe Home: Inconsistencies in the Native American Graves and Repatriation Act 13 Rutgers Race & the Law Review 83 (2012) Yes. That order did not come from God. Justice, That dwells with the gods below, knows no such law. I did not think your edicts strong enough To overrule the unwritten unalterable laws Of God and heaven, you being only a man. The body of the greatest Native American athlete was sold in a midnight exchange for the benefit of local tourism. In; Search Snippet: ...symbol of the triumph of European-American civilization over savagery. Boarding schools took before-and-after pictures of Indian children, first arriving in tribal dress and then arrayed in the... 2012  
Gil Gott , Sumi Cho Cluster Introduction: Culture, Knowledge, Law, and Community Countering "New Sovereignty" with Knowledge 22 Berkeley La Raza Law Journal 67 (2012) Sovereignty, as used in this introduction to the cluster of articles on Culture, Knowledge, Law and Community, refers to a form of both social identity and political organization. We use the concept of sovereignty and new sovereignty to provide a broader lens through which to analyze the set of articles in this cluster addressing topical issues; Search Snippet: ...explain the contrast with U.S. indigenous--the impact that governmental Indian boarding school policies of the 1800s have had in forcing Indian children and youth to discard tribal attire and to adopt required... 2012  
Paula Polasky Customary Adoptions for Non-indian Children: Borrowing from Tribal Traditions to Encourage Permanency for Legal Orphans Through Bypassing Termination of Parental Rights 30 Law & Inequality: A Journal of Theory and Practice 401 (Summer 2012) In second grade I learned the word precious. Seeing the definition for the first time, I was overcome with a longing to be precious to somebody. Dear. Beloved. Of great value. I spent my childhood in a series of about 30 placements in foster homes, kinship care, shelter care, correctional institutions, treatment facilities, and group homes. Over; Search Snippet: ...Theory and Practice Summer 2012 Articles CUSTOMARY ADOPTIONS FOR NON- INDIAN CHILDREN: BORROWING FROM TRIBAL TRADITIONS TO ENCOURAGE PERMANENCY FOR LEGAL ORPHANS... 2012  
Lindsey Trainor Golden Embracing Tribal Sovereignty to Eliminate Criminal Jurisdiction Chaos 45 University of Michigan Journal of Law Reform 1039 (Summer 2012) American Indians living on reservations experience some of the highest crime rates in the United States. Reservations endure violent crimes, including assault, domestic violence, and rape, at rates 2.5 times higher than the national average. These crimes have an especially strong impact on Indian women: nearly three out of five Indian women are; Search Snippet: ...Indian tribes in 1871. [FN33] The federal government also forced Indian children to attend boarding schools. [FN34] These schools were often located far from reservations and had policies intended to assimilate Indian children into Anglo-American culture, such as forcing them to cut... 2012  
Angela R. Riley Indians and Guns 100 Georgetown Law Journal 1675 (June, 2012) C1-3Table of Contents L1-2Introduction . L31676 I. Indians and Guns from Contact to Citizenship. 1681 a. indians and guns in the colonial period. 1685 b. indian nations, the constitution, and ratification of the second amendment. 1693 c. the indian as (reservation) citizen. 1701 II. The Indian Civil Rights Act and the Disappearing Second Amendment; Search Snippet: ...to assert their treaty rights. [FN239] The massive removal of Indian children into Indian boarding schools that had begun in earnest in the 1800s to kill the Indian, save the man continued, with the number of enrollees peaking... 2012  
Rebecca Tsosie Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights 87 Washington Law Review 1133 (December, 2012) Abstract: This Article explores the use of science as a tool of public policy and examines how science policy impacts indigenous peoples in the areas of environmental protection, public health, and repatriation. Professor Tsosie draws on Miranda Fricker's account of epistemic injustice to show how indigenous peoples have been harmed by the; Search Snippet: ...until 1924. [FN226] This meant that the federal policies banning Native religion or forcibly removing Indian children to federal military-style boarding schools were permissible as secular policies of civilization applied to... 2012  
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  
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 Yes
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  
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  
Kathleen Sands Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases 36 American Indian Law Review 253 (2012) In two trilogies of Supreme Court decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). The second; Search Snippet: ...took on especially aggressive aspects, including the forced placement of Indian children into English-only boarding schools, [FN155] and the criminalization of Native American ceremonies (the latter of which resulted in the Wounded... 2012  
Matthew L.M. Fletcher Tribal Consent 8 Stanford Journal of Civil Rights & Civil Liberties 45 (April, 2012) I. Tribal Consent Prior to the Modern Era of Indian Affairs (1789-1959). 55 A. The Non-Consensual Incorporation of Indian Tribes into the American Polity. 55 B. Exclusion of Indian Tribes. 57 C. Living with (and Incorporating) Indian Tribes. 64 II. Theories of Federal Control over Indian Affairs. 73 A. A Quick History of the Rise of Congressional; Search Snippet: ...original homelands. [FN121] Coupled with aggressive cultural attacks such as boarding schools, [FN122] and through immersion in large numbers of non- Indians, many of these tribal communities (mostly those in Michigan) were... 2012  
Megan Scanlon From Theory to Practice: Incorporating the "Active Efforts" Requirement in Indian Child Welfare Act Proceedings 43 Arizona State Law Journal 629 (Summer 2011) Poverty, poor housing, lack of modern plumbing, and overcrowding are often cited by social workers as proof of parental neglect and are used as grounds for beginning custody proceedings. In a recent California case, the State tried to apply poverty as a standard against a Rosebud Sioux mother and child. At the mother's bidding, the child's aunt; Search Snippet: ...FROM THEORY TO PRACTICE: INCORPORATING THE ACTIVE EFFORTS REQUIREMENT IN INDIAN CHILD WELFARE ACT PROCEEDINGS Megan Scanlon [FNa1] Copyright (c) 2011 Arizona... 2011 Yes
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