AuthorTitleCitationSummaryYearKey Term
Cheyañna L. Jaffke The "Existing Indian Family" Exception to the Indian Child Welfare Act: the States' Attempt to Slaughter Tribal Interests in Indian Children 66 Louisiana Law Review 733 (Spring, 2006) Pretend for a moment that War of the Worlds is not science fiction, but rather reality. Instead of the Martians dying, they actually live and govern humans. At first, the policy of the Martian government toward humans is assimilation. They want all humans to think and act like Martians. Therefore, they passed rules and regulations to further that; Search Snippet: ...Spring, 2006 Article THE EXISTING INDIAN FAMILY EXCEPTION TO THE INDIAN CHILD WELFARE ACT: THE STATES' ATTEMPT TO SLAUGHTER TRIBAL INTERESTS IN INDIAN CHILDREN Cheyañna L. Jaffke [FNa1] Copyright © 2006 by Louisiana Law Review... 2006 Child Welfare
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  
Barbara Fedders THE ANTI-PARENT JUVENILE COURT 69 UCLA Law Review 746 (May, 2022) This Article identifies and analyzes features of the juvenile delinquency court that harm the people on whom children most heavily depend: their parents. By negatively affecting a child's family--creating financial stress, undermining a parent's central role in rearing her child, and damaging the parent-child bond--these parent-harming features... 2022  
Jason C. Nelson The Application of the International Law of State Succession to the United States: a Reassessment of the Treaty Between the Republic of Texas and the Cherokee Indians 17 Duke Journal of Comparative & International Law L. 1 (Fall 2006) Perhaps no event in the modern era has been more profoundly consequential than the European discovery of the Americas. . . . Over a succession of generations, Europeans devised rules intended to justify the dispossession and subjugation of the native peoples . . . . Of these rules, the most fundamental were those governing the ownership of land; Search Snippet: ...peoples for years of neglect, including the widespread abuse of Indian children in the country's federally-funded boarding schools. [FN280] In Latin America--another region characterized by large... 2006  
James Thomas Tucker The Battle over "Bilingual Ballots" Shifts to the Courts: a Post-boerne Assessment of Section 203 of the Voting Rights Act 45 Harvard Journal on Legislation 507 (Summer 2008) Can Congress prohibit a state or local jurisdiction from conducting elections in English only and require that it provide bilingual ballots at the polls? Section 203 of the Voting Rights Act requires certain jurisdictions--those meeting specified demographic criteria--to provide language assistance to voters who have limited English language; Search Snippet: ...leave home, or refuse[d] to leave home to attend boarding school or the boarding home program, they [were] denied secondary school education, resulting in a highly disproportionate number of Alaska Natives . . . not . . . attending secondary schools. [FN340] In contrast, most non-native... 2008  
Charles Wilkinson The Belloni Decision: a Foundation for the Northwest Fisheries Cases, the National Tribal Sovereignty Movement, and an Understanding of the Rule of Law 50 Environmental Law 331 (Spring, 2020) Judge Belloni's decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt's subsequent decision in United States v; Search Snippet: ...funded Christian religions to proselytize and convert Native people. Numerous Indian children were sent off to heavy-duty assimilation in federal boarding schools. Indian hunting and fishing was discouraged--they were forced... 2020  
Lynn Klicker Uthe The Best Interests of Indian Children in Minnesota 17 American Indian Law Review 237 (1992) The above statement by Chief Jake Swamp describes concerns that are particular to indigenous peoples such as native Americans (Indians). Although many laws still do not adequately address their concerns, some United States legislation protects and preserves Indian cultures. One such legislative measure is the Indian Child Welfare Act of 1978; Search Snippet: ...American Indian Law Review 1992 Note THE BEST INTERESTS OF INDIAN CHILDREN IN MINNESOTA Lynn Klicker Uthe [FNa1] Copyright (c) 1992 by... 1992  
Robert McCarthy The Bureau of Indian Affairs and the Federal Trust Obligation to American Indians 19 BYU Journal of Public Law L. 1 (2004) I. Introduction A. BIA: Bossing Indians Around 4 B. Bashing the BIA 5 C. Defending the BIA 8 D. Reforming the BIA 10 E. Understanding the BIA 14 II. The BIA and the Federal Trust Obligation to American Indians A. The BIA and the Department of the Interior 15 B. Statutory and Regulatory Authorities 18 C. Enforcement of the Federal Trust; Search Snippet: ...with, and resulting responsibilities to, American Indian people [FN114] the Indian Child Welfare Act ( the special relationship between the United States and... 2004  
Adriana M. Orman The Causal Effect: Implications of Chronic Underfunding in School Systems on the Navajo Reservation 40 Mitchell Hamline Law Journal of Public Policy and Practice 242 (Spring, 2019) I. Introduction. 242 II. Characteristics of the Navajo Reservation. 249 III. An Overview of Indian Jurisprudence in the United States Supreme Court. 252 IV. The Imposition of Eurocentric Education on Native Americans: Assimilation and Repression. 257 A. Treaty Making. 257 B. Allotment and Assimilation Era. 258 C. The Indian Reorganization Era. 260; Search Snippet: ...FN97] The painful legacy that has followed is known around Indian Country as the Boarding School Era. The Navajo Treaty of 1868, like other treaties... 2019  
Rebecca Tsosie The Challenge of "Differentiated Citizenship": Can State Constitutions Protect Tribal Rights? 64 Montana Law Review 199 (Winter 2003) One of the most vexing problems in contemporary states with large Native populations is whether the continuing inequities between Native and non-Native peoples are best addressed through the standard framework of Federal Indian Law, in which the federal government mediates tribal-state relations, or through newly articulated legal relationships; Search Snippet: ...traditionally fallen solely within state police powers. However, the Federal Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901 1963 , limits state jurisdiction over Indian children who are members of federally recognized tribes, or are eligible... 2003  
Rachel M. Patterson THE CHILD WELFARE HYPER SURVEILLANCE STATE: REIMAGINING SUPPORTING PARENTS WITH MENTAL ILLNESSES IN 1028 HEARINGS 48 Fordham Urban Law Journal 545 (February, 2021) Introduction. 546 I. Article 10 Cases from Report to Resolution. 551 A. An Introduction to Article 10 Cases. 551 i. Article 10 Cases. 552 ii. Start of an Article 10 Case. 553 B. Trials and 1028 Hearings. 557 II. The Americans with Disabilities Act and the Adoption and Safe Families Act. 559 A. The ADA Generally. 560 B. The ADA Applied to the Child... 2021 Child Welfare
Emily Hudson THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT 47 Ohio Northern University Law Review 359 (2021) The Indian Child Welfare Act (ICWA) was passed in 1978 as a response to the disproportionate removal of Indian children from their homes compared to non-Indian children. It was found that this was disproportionality in part because judges and child welfare workers did not understand Indian culture-which led to prejudicial attitudes and the higher... 2021 Child Welfare
Bethany Sullivan, Jennifer Turner THE CONTINUED IMPACT OF CARCIERI ON THE RESTORATION OF TRIBAL HOMELANDS: IN NEW ENGLAND AND BEYOND 27 Roger Williams University Law Review 322 (Spring, 2022) In 2009, the United States Supreme Court decided Carcieri v. Salazar, a case involving the Department of the Interior's (the Department or Interior) authority under section 5 of the Indian Reorganization Act (IRA) to acquire land into trust for the Narragansett Indian Tribe. Prior to the Supreme Court's decision, Interior had long interpreted the... 2022  
Alan B. Morrison THE COURT THAT DOES NOT LET STANDING STAND IN ITS WAY 92 George Washington Law Review Arguendo 1 (September, 2023) Article III of the Constitution limits the power of the federal courts to adjudicating cases and controversies. Embedded in that concept are the separate and sometimes overlapping doctrines of standing, ripeness, political question, mootness, and the overall responsibility of the courts to assure both that they are deciding legal issues only where... 2023  
Dean B. Suagee The Cultural Heritage of American Indian Tribes and the Preservation of Biological Diversity 31 Arizona State Law Journal 483 (Summer, 1999) Table of Contents I. Introduction. 485 II. Tribal Self-Government in the United States. 490 A. Foundation Principles. 492 1. Inherent Tribal Sovereignty. 492 2. Reserved Tribal Rights. 493 3. Trust Responsibility. 494 4. Plenary Power of Congress. 495 B. Vacillations in Federal Policy. 495 C. The Self-Determination Era. 497 D. Is a Human Rights; Search Snippet: ...era featured a variety of other programs designed to force Indians to become assimilated, including taking Indian children away from their families and educating them at distant boarding schools. See id. See generally Judith V. Royster, The Legacy... 1999  
Matthew L.M. Fletcher THE DARK MATTER OF FEDERAL INDIAN LAW: THE DUTY OF PROTECTION 75 Maine Law Review 305 (June, 2023) Abstract Introduction I. The Original Understanding of the Duty of Protection II. The Current Understanding of the Duty of Protection A. Congress and the Department of the Interior B. Department of Justice C. The Supreme Court III. The Duty of Protection as Dark Matter IV. The United Nations Declaration on the Rights of Indigenous Peoples as a... 2023  
Robert B. Porter The Demise of the Ongwehoweh and the Rise of the Native Americans: Redressing the Genocidal Act of Forcing American Citizenship upon Indigenous Peoples 15 Harvard BlackLetter Law Journal 107 (Spring, 1999) Most usually, they are incorporated with the victorious nation, and become subjects or citizens of the government with which they are connected. The new and old members of the society mingle with each other; the distinction between them is gradually lost, and they make one people. Can we fulfill the promise of America by embracing all our citizens; Search Snippet: ...of the Indian Apocalypse: convert the Indians to Christianity, force Indian children to obtain Western education, allot tribal common lands to individual... 1999  
Brad M. Gallagher The Disappearance of the Great American Indian Athlete 24-FALL Entertainment and Sports Lawyer Law. 1 (Fall, 2006) What do ice hockey, the overhand swimming stroke and basketball all have in common? Each has their roots in the American Indian culture. American Indians invented the roots of ten Olympic sports and many non-Olympic sports, such as lacrosse. According to Oren Lyons, Chief of Onondaga Nation to the Iroquois Confederacy, while the rest of the; Search Snippet: ...United States used sports as a means of assimilating American Indian children into mainstream culture. [FN3] To accomplish this, the United States... 2006  
Robert J. Miller The Doctrine of Discovery in American Indian Law 42 Idaho Law Review Rev. 1 (2005) The Doctrine of Discovery is an international law principle developed primarily by Spain, Portugal, England, and the Church in the fifteenth and early sixteenth centuries. These entities developed the Doctrine at that particular time to control and maximize European exploration and colonization in the New World and in other lands of non-European,; Search Snippet: ...the letter and in his tribal speeches, Lewis repeatedly called Indians children and called Jefferson their new father. He informed them that... 2005  
Matthew L.M. Fletcher The Drug War on Tribal Government Employees: Adopting the Ways of the Conqueror 35 Columbia Human Rights Law Review Rev. 1 (Fall 2003) For three months Gus and the Indian female counselor met weekly. They would smudge before each session with sweet grass. Gus would explore his reality while carrying a stone in his hand. We were learning, listening and talking, speaking freely, not judged. It was the nonjudgmental approach that attracted him --there is a stigma on a non-Indian; Search Snippet: ...out of the criminal justice system, [FN58] through education of Indian children at home and at school, and through increased funding for... 2003  
Anna Arons THE EMPTY PROMISE OF THE FOURTH AMENDMENT IN THE FAMILY REGULATION SYSTEM 100 Washington University Law Review 1057 (2023) Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family regulation system. Through these searches--required elements of investigations into allegations of child maltreatment in virtually every jurisdiction--state agents invade the home, the most protected space in... 2023  
Annette R. Appell The Endurance of Biological Connection: Heteronormativity, Same-sex Parenting and the Lessons of Adoption 22 BYU Journal of Public Law 289 (2008) United States family law is largely based on the modern family in that the foundation of family law is the patriarchal, heterosexual nuclear family, and biology and marriage define family relationships and regulate rights, privileges, and benefits among family members and against the state. However, the lived relations that constitute postmodern; Search Snippet: ...belong, and what journey preceded the past few generations. [FN24] Native Americans too experienced forced disruptions in their history and cultural... 2008  
Charmel L. Cross The Existing Indian Family Exception: Is it Appropriate to Use a Judicially Created Exception to Render the Indian Child Welfare Act of 1978 Inapplicable? 26 Capital University Law Review 847 (1997) In 1978, Congress enacted the Indian Child Welfare Act (ICWA) in response to the unusual frequency with which Native American children were being separated from their families and tribes through adoption and foster care placement. Congress was concerned about the consequences of such a disproportionate removal rate, and the ICWA was recognition; Search Snippet: ...APPROPRIATE TO USE A JUDICIALLY CREATED EXCEPTION TO RENDER THE INDIAN CHILD WELFARE ACT OF 1978 INAPPLICABLE? Charmel L. Cross Copyright ©... 1997 Child Welfare
Timothy Sandefur THE FEDERALISM PROBLEMS WITH THE INDIAN CHILD WELFARE ACT 26 Texas Review of Law and Politics 429 (Spring, 2022) Author's Note. 430 Introduction. 430 I. What ICWA Does. 431 II. ICWA Exceeds the Commerce Clause. 435 A. The One and Only Commerce Clause. 435 B. The Non-textual Plenary Power. 437 C. Even Under the Treaty Power, ICWA Would Be Unconstitutional. 448 III. ICWA Violates the Anti-commandeering Principle. 453 A. The Anti-commandeering Principle. 453... 2022 Child Welfare
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  
Nasrin Camilla Akbari THE GLADUE APPROACH: ADDRESSING INDIGENOUS OVERINCARCERATION THROUGH SENTENCING REFORM 98 New York University Law Review 198 (April, 2023) In the American criminal justice system, individuals from marginalized communities routinely face longer terms and greater rates of incarceration compared to their nonmarginalized counterparts. Because the literature on mass incarceration and sentencing disparities has largely focused on the experiences of Black and Hispanic individuals, far less... 2023  
Amelia Tidwell THE HEART OF THE MATTER: ICWA AND THE FUTURE OF NATIVE AMERICAN CHILD WELFARE 43 Journal of the National Association of Administrative Law Judiciary 126 (Spring, 2023) The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still... 2023 Child Welfare
Regis Pecos The History of Cochiti Lake from the Pueblo Perspective 47 Natural Resources Journal 639 (Summer, 2007) In the last 30 years, Cochiti Pueblo has been in a fight for their survival culturally, politically, legally, economically, and environmentally. The construction of Cochiti Lake, one of the largest man made lakes in the United States, built by the U.S. Corps of Engineers, devastated nearly all of the available agricultural lands, destroyed the; Search Snippet: ...backdrop. The federal policy in the 1890s was to create boarding schools to educate the Indian children in this country in an attempt to assimilate them into... 2007  
Geoffrey D. Strommer, Stephen D. Osborne The History, Status, and Future of Tribal Self-governance under the Indian Self-determination and Education Assistance Act 39 American Indian Law Review Rev. 1 (2014-2015) This year marks the 40th anniversary of the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), a cornerstone of modern federal Indian policy. In 1988, amendments to the ISDEAA created the Tribal Self-Governance Demonstration Project. By providing a statutory basis for the broader movement of tribal self-governance, this; Search Snippet: ...schools, but by the late nineteenth century the focus of Indian education had shifted to federal boarding schools so that students could be more completely removed from... 2015  
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  
Martin Guggenheim The Importance of Family Defense 48 Family Law Quarterly 597 (Winter, 2015) Over the past decade, there has been a growing national movement to advance the rights of parents and families in child welfare proceedings. Spearheaded by the National Parent Representation Steering Committee at the American Bar Association's Center on Children and the Law, the movement's purpose is to achieve procedural and social justice for all; Search Snippet: ...blight on American history is the practice of separating American Indian children from their families. Beginning near the end of the nineteenth century, the Bureau of Indian Affairs began using American Indian boarding schools in a planned effort to eradicate Indian culture. [FN7] The goal was to extirpate Indian custom and culture from Indian children by denying them the opportunity to speak in their native... 2015  
Ann Murray Haag The Indian Boarding School Era and its Continuing Impact on Tribal Families and the Provision of Government Services 43 Tulsa Law Review 149 (Fall 2007) In those days the Indian schools were like jails and run along military lines, with roll calls four times a day. We had to stand at attention, or march in step. The B.I.A. thought that the best way to teach us was to stop us from being Indians. ... The Government teachers were all third-grade teachers. They taught up to this grade and that was the; Search Snippet: ...Statehood: A Symposium in Recognition of Oklahoma's Centennial Comment THE INDIAN BOARDING SCHOOL ERA AND ITS CONTINUING IMPACT ON TRIBAL FAMILIES AND... 2007 Boarding School
John Robert Renner The Indian Child Welfare Act and Equal Protection Limitations on the Federal Power over Indian Affairs 17 American Indian Law Review 129 (1992) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to congressional committee findings that state courts were removing an unwarranted proportion of Indian children from their families and placing the children in non-Indian environments. The ICWA attempts to remedy the problem by creating exclusive tribal jurisdiction over all; Search Snippet: ...INDIAN LAW REVIEW American Indian Law Review 1992 Comments THE INDIAN CHILD WELFARE ACT AND EQUAL PROTECTION LIMITATIONS ON THE FEDERAL POWER... 1992 Child Welfare
Neoshia R. Roemer THE INDIAN CHILD WELFARE ACT AS REPRODUCTIVE JUSTICE 103 Boston University Law Review 55 (February, 2023) Federal Indian policy is rooted in family regulation. Here, family regulation is twofold, comprising: (1) the idea that American Indian families should be curated to be more like their non-Indian counterparts; and (2) the child welfare system, as Dorothy Roberts notes. Overall, family regulation was part of an Indian assimilation project. Since the... 2023 Child Welfare
Catherine M. Brooks The Indian Child Welfare Act in Nebraska: Fifteen Years, a Foundation for the Future 27 Creighton Law Review 661 (1993-1994) This is not a cheerful book, but history has a way of intruding upon the present, and perhaps those who read it will have a clearer understanding of what the American Indian is, by knowing what he was. They may be surprised to hear words of gentle reasonableness coming from the mouths of Indians stereotyped in the American myth as ruthless savages; Search Snippet: ...532435 CREIGHTON LAW REVIEW Creighton Law Review 1993-1994 THE INDIAN CHILD WELFARE ACT IN NEBRASKA: FIFTEEN YEARS, A FOUNDATION FOR THE... 1994 Child Welfare
M. Alexander Pearl THE INDIAN CHILD WELFARE ACT IN THE MULTIVERSE 121 Michigan Law Review 1101 (April, 2023) Adoptive Couple v. Baby Girl. By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. As a kid, I... 2023 Child Welfare
Richard B. Maltby The Indian Child Welfare Act of 1978 and the Missed Opportunity to Apply the Act in Guardianships 46 Saint Louis University Law Journal 213 (Winter 2002) State courts have had over two decades to mold the Indian Child Welfare Act of 1978 (ICWA or the Act) into a mechanism for protecting Indian heritage while simultaneously providing the ideal nurturing conditions for Indian children who are the subjects of custodial proceedings involving a non-parent. Although there are no typical ICWA cases,; Search Snippet: ...JOURNAL Saint Louis University Law Journal Winter 2002 Note THE INDIAN CHILD WELFARE ACT OF 1978 AND THE MISSED OPPORTUNITY TO APPLY... 2002 Child Welfare
Debra Dumontier-Pierre The Indian Child Welfare Act of 1978: a Montana Analysis 56 Montana Law Review 505 (Summer 1995) In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian families and to give Indian tribes a substantial role in matters concerning custody of Indian children. Through ICWA, Congress declared a national policy to keep Indian children with their families, to defer to tribal jurisdiction in child; Search Snippet: ...591898 MONTANA LAW REVIEW Montana Law Review Summer 1995 THE INDIAN CHILD WELFARE ACT OF 1978: A MONTANA ANALYSIS Debra Dumontier-Pierre Copyright (c) 1995 Montana Law Review; Debra Dumontier-Pierre Indian Children Once Young Forever Indian [FN1] I. INTRODUCTION In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian... 1995 Child Welfare
Christine D. Bakeis The Indian Child Welfare Act of 1978: Violating Personal Rights for the Sake of the Tribe 10 Notre Dame Journal of Law, Ethics & Public Policy 543 (1996) To live under the American Constitution is the greatest political privilege that was ever accorded to the human race. One of the promises of the American Constitution is that states will not enforce any law that abridges a citizen's privileges. The American Constitution also guarantees that states will not deprive any person of life, liberty, or; Search Snippet: ...Public Policy 1996 Symposium on Law and the Family THE INDIAN CHILD WELFARE ACT OF 1978: VIOLATING PERSONAL RIGHTS FOR THE SAKE... 1996 Child Welfare
Vivien Olsen THE INDIAN CHILD WELFARE ACT: HISTORY, REFLECTIONS, AND BEST PRACTICES 90-OCT Journal of the Kansas Bar Association 40 (September/October, 2021) The Indian Child Welfare Act (ICWA or the Act), found at 25 U.S.C. § 1901 et seq., is not discretionary. Kansas law requires the ICWA be applied in child welfare cases that involve an Indian child. K.S.A. 38-2203(a) provides: Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those... 2021 Child Welfare
B. J. Jones The Indian Child Welfare Act: in Search of a Federal Forum to Vindicate the Rights of Indian Tribes and Children Against the Vagaries of State Courts 73 North Dakota Law Review 395 (1997) The Indian Child Welfare Act (ICWA) was enacted by Congress in 1978 to curtail the massive removal (primarily by state agencies and courts) of Indian children from their homes. ICWA was also an attempt to assure that those children, who must be removed, be placed in homes that reflect their unique cultures and traditions. ICWA strives to accomplish; Search Snippet: ...NORTH DAKOTA LAW REVIEW North Dakota Law Review 1997 THE INDIAN CHILD WELFARE ACT: IN SEARCH OF A FEDERAL FORUM TO VINDICATE... 1997 Child Welfare
Alana J. DeGarmo The Indian Child Welfare Act: its Impact on Unknowing Adoptive Parents 17 Journal of Juvenile Law 32 (1996) The Indian Child Welfare Act (hereinafter ICWA or Act) was enacted in 1978, giving members of Native American tribes the right to adopt their members' children before those children can be placed in non-Indian homes. The law was passed in response to a long history of religious groups and well-meaning agencies separating Indian children from; Search Snippet: ...LAW Journal of Juvenile Law 1996 Note and Comment THE INDIAN CHILD WELFARE ACT: ITS IMPACT ON UNKNOWING ADOPTIVE PARENTS Alana J... 1996 Child Welfare
Amanda Tucker The Indian Child Welfare Act's Unconstitutional Impact on the Welfare of the Indian Child 9 Whittier Journal of Child and Family Advocacy 87 (Fall 2009) Child welfare is a controversial, yet unresolved issue in our country with overcrowded adoption agencies and foster homes, overworked social workers, and understaffed Department of Family and Protective Services (DFPS) lawyers. Unfortunately, there is no shortage of cases surrounding the termination of parental rights related to abuse and neglect; Search Snippet: ...Journal of Child and Family Advocacy Fall 2009 Articles THE INDIAN CHILD WELFARE ACT'S UNCONSTITUTIONAL IMPACT ON THE WELFARE OF THE INDIAN CHILD Amanda Tucker [FNa1] Copyright (c) 2009 Whittier Journal of Child... 2009 Child Welfare
Kathleena Kruck The Indian Child Welfare Act's Waning Power after Adoptive Couple V. Baby Girl 109 Northwestern University Law Review 445 (Winter 2015) Abstract--In the 1970s, state authorities began removing Indian children from their homes by the thousands and placing them into foster care, institutional housing, and with white families. To counteract this forced assimilation, Congress passed the Indian Child Welfare Act (ICWA) in 1978. The ICWA conferred many powers previously held by the; Search Snippet: ...Northwestern University Law Review Winter 2015 Notes and Comments THE INDIAN CHILD WELFARE ACT'S WANING POWER AFTER ADOPTIVE COUPLE V. BABY GIRL... 2015 Child Welfare
Patrice Kunesh-Hartman The Indian Welfare Act of 1978: Protecting Essential Tribal Interests 60 University of Colorado Law Review 131 (1989) The young Indian girl spoke quietly: I can remember [the welfare worker] coming and taking some of my cousins and friends. I didn't know why and I didn't question it. It was just done and it had always been done . . .. This rending scene has been repeated with bureaucratic regularity in the lives of thousands of Indian children who, without; Search Snippet: ...repeated with bureaucratic regularity in the lives of thousands of Indian children who, without warning or preparation, are separated from their parents... 1989  
  The Indian: the Forgotten American 81 Harvard Law Review 1818 (June, 1968) The attitude of America toward the Indian has long been characterized by the dichotomy between a sentimental attraction to the noble savage, often increasing with distance from the centers of Indian population, and a startling ignorance of and indifference to the actual circumstances of his life. The Negro revolution, focusing attention not only; Search Snippet: ...still voice anti-competitive views; [FN189] school officials note the Indian child's unwillingness to stand out by volunteering in class. [FN190] The... 1968  
Robert J. Miller The International Law of Colonialism: a Comparative Analysis 15 Lewis & Clark Law Review 847 (Winter, 2011) The majority of the non-European world was colonized under an international law that is known as the Doctrine of Discovery. Under this legal principle, European countries claimed superior rights over Indigenous nations. When European explorers planted flags and religious symbols in the lands of native peoples, they were making legal claims of; Search Snippet: ...over the operation of many reservations and the education of Indian children to Christian denominations, and even granted tribal lands to churches... 2011  
Chief Ben Barnes THE INTERSECTION OF LANGUAGE, LAW, AND SOVEREIGNTY: A SHAWNEE PERSPECTIVE 34 Colorado Environmental Law Journal 17 (Spring, 2023) NOTE: what follows is a lightly-edited transcript of the keynote address held as part of the 54 Algonquian Conference, University of Colorado Boulder, October 21, 2022. Kristen Carpenter: Greetings from the American Indian Law Program here at the University of Colorado. I am pleased to have this opportunity to co-chair this conference with my... 2023  
Adam Crepelle THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY 110 Georgetown Law Journal 569 (March, 2022) C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 2022  
Matthew L.M. Fletcher The Law of Genocide and Indigenous Peoples 77 National Lawyers Guild Review 38 (Spring, 2020) Book Review: Laurelyn Whitt and Alan W. Clarke, North American Genocides: Indigenous Nations, Settler Colonialism, and International Law (Cambridge U. Press, 2019). In the mid-20th century, state governments--enabled by the United States federal government--removed 25 to 35 percent of American Indian children from their families and placed them; Search Snippet: ...families. Roughly 80 percent of the time, this meant placing Indian children with complete strangers. The removals of Indian children were a continuation of forced removals of children by the... 2020  
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