| Author | Title | Citation | Summary | Year | Key Term |
| Dean B. Suagee |
The Supreme Court's "Whack-a-mole" Game Theory in Federal Indian Law, a Theory That Has No Place in the Realm of Environmental Law |
7 Great Plains Natural Resources Journal 90 (Fall 2002) |
I. A Short Explanation of the Court's Whack-a-Mole Game Theory. 97 A. The General Proposition of Montana v. United States. 97 B. The Whack-a-Mole Line of Cases. 99 C. The 2001 Decisions. 102 1. Atkinson Trading Company, Inc. v. Shirley. 102 2. Nevada v. Hicks. 104 D. The Importance of the Sweeping Premise. 105 II. The Court's Disregard for; Search Snippet: ...the land-ownership prong of its assimilationist strategy by taking Indian children away from their homes and sending them to boarding schools. The overall consequence was a great deal of cultural... |
2002 |
|
| 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 |
|
| Charlotte Baughman, Tehra Coles, Jennifer Feinberg, Hope Newton |
THE SURVEILLANCE TENTACLES OF THE CHILD WELFARE SYSTEM |
11 Columbia Journal of Race and Law 501 (July, 2021) |
The family regulation system identifies families through the use of widespread, cross-system surveillance for the purported purpose of keeping children safe. But the system does not surveil all families equally, leading to the disproportionate impact of family regulation on Black, Brown, and Native families, and fails to protect while causing more... |
2021 |
Child Welfare |
| Daniel Albanil Adlong |
The Terminator Terminates Terminators: Governor Schwarzenegger's Signature, Sb 678, and How California Attempts to Abolish the Existing Indian Family Exception and Why Other States Should Follow |
7 Appalachian Journal of Law 109 (Winter 2007) |
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 episode was one of many that Congress said was [t]he wholesale separation of Indian children from their families and described it as perhaps the most tragic and; Search Snippet: ...of many that Congress said was [t]he wholesale separation of Indian children from their families and described it as perhaps the most... |
2007 |
|
| Jonathan Todres , Daniela Villamizar Fink |
The Trauma of Trump's Family Separation and Child Detention Actions: a Children's Rights Perspective |
95 Washington Law Review 377 (March, 2020) |
Abstract: In April 2018, the Trump Administration publicly announced a new zero-tolerance policy for illegal entries at the U.S. border. This action kicked off a wave of family separations that made headlines and drew criticism from around the globe. Despite resounding condemnation of these actions, the Trump Administration defended its family; Search Snippet: ...well-known example is the U.S. government's treatment of American Indian children and their families. As a 1978 congressional report acknowledged, The wholesale separation of Indian children from their families is perhaps the most tragic and destructive... |
2020 |
|
| Amanda Rogerson |
The Tribal Trust and Government-to-government Consultation in a New Ecological Age |
93 Oregon Law Review 771 (2015) |
Introduction. 772 I. Climate Impacts to Tribal Cultures. 776 II. The Federal Indian Trust Doctrine. 778 A. Origins. 778 B. The Trust as Power over American Indians. 780 C. The Trust as Responsibility for Tribes. 784 III. Government-to-Government Consultation's Fulfillment of the Trust Doctrine Today. 786 IV. Reinterpreting the Trust Doctrine to; Search Snippet: ...FN61] In the name of civilization, the federal government prohibited Indians from engaging in religious practices, encouraged missionary activity on reservations, and sent Indian children to boarding schools. [FN62] In 1885, Congress also explicitly limited tribes' control... |
2015 |
|
| Richard D. Pomp |
The Unfulfilled Promise of the Indian Commerce Clause and State Taxation |
63 Tax Lawyer 897 (Summer, 2010) |
I. Introduction 902 II. The Early Days 912 A. Colonial America and the Crown 912 B. The Revolutionary War and the Confederation 922 1. The Revolutionary War 922 2. Articles of Confederation 925 3. Article IX of the Articles of Confederation 927 C. Post-Revolutionary War 929 III. Birth of the Indian Commerce Clause 932 A. The Constitutional; Search Snippet: ...that the federal government had a long history of educating Indian children, [FN993] and the federal regulatory scheme was so comprehensive and... |
2010 |
|
| Angela R. Riley , Adeleene M. Rockwell |
The United States Country Report of Special Rapporteur S. James Anaya: Reflections and Aspirations |
32 Arizona Journal of International and Comparative Law 183 (2015) |
C1-2Table of Contents I. Introduction. 183 II. Methodology and Findings. 185 III. Looking Towards International Human Rights Law. 188 IV. Recommendations and Aspirations. 190 V. Conclusion. 192; Search Snippet: ...Immense land dispossession, combined with the mass, forced removal of Indian children into Indian boarding schools furthered the stated American mission to kill the Indian, save the man. [FN14] Through these and other assimilative efforts, collective, tribal lands were broken up. Indian children were taken from their families, deprived of their languages, their... |
2015 |
|
| Neoshia R. Roemer |
The Violence Against Women Act of 2018: a Step in the Right Direction for Indian Children and Federal Indian Law |
66-APR Federal Lawyer 52 (March/April, 2019) |
It is well-settled law that if a person who violates the laws of the United States is a resident of another country, that person falls within the criminal jurisdiction of the United States. Similarly, if a person crosses state lines and commits child abuse in another state, he or she falls under the jurisdiction of the state where the crime was; Search Snippet: ...ACT OF 2018: A STEP IN THE RIGHT DIRECTION FOR INDIAN CHILDREN AND FEDERAL INDIAN LAW Neoshia R. Roemer [FNa1] Copyright © 2019... |
2019 |
|
| Sarah Krakoff |
The Virtues and Vices of Sovereignty |
38 Connecticut Law Review 797 (May, 2006) |
As the title to this symposium suggests, American Indian law is indeed at a crossroads. The paths of American Indian tribal sovereignty are diverging in the following way. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court's path is; Search Snippet: ...day. [FN51] Another priority during this period was to remove Indian children from their homes and educate them in predominately Christian boarding schools, where Native language and culture was prohibited. [FN52] Other policies discouraging the practice of Native religions even on reservations complemented the boarding school goals. [FN53] On their own terms, the Allotment policies... |
2006 |
|
| Barbara Atwood |
The Voice of the Indian Child: Strengthening the Indian Child Welfare Act Through Children's Participation |
50 Arizona Law Review 127 (Spring 2008) |
This Article explores the potential benefits and challenges of giving more prominence to the voice of the Indian child in ICWA proceedings, a topic that has received scant attention from scholars and courts. The Act itself authorizes the appointment of counsel for children and provides that state courts may consider the child's wishes as to; Search Snippet: ...of the Arizona Law Review Article THE VOICE OF THE INDIAN CHILD: STRENGTHENING THE INDIAN CHILD WELFARE ACT THROUGH CHILDREN'S PARTICIPATION Barbara Atwood [FNa1] Copyright ©... |
2008 |
Child Welfare |
| Laughlin McDonald |
The Voting Rights Act in Indian Country: South Dakota, a Case Study |
29 American Indian Law Review 43 (2004-2005) |
The problems that Indians continue to experience in South Dakota in securing an equal right to vote strongly support the extension of the special provisions of the Voting Rights Act scheduled to expire in 2007. They also demonstrate the ultimate wisdom of Congress in making permanent and nationwide the basic guarantee of equal political; Search Snippet: ...when she went to high school in Todd County. The Indian students lived in a segregated dorm at the Rosebud boarding school, and were bussed to the high school, then bussed... |
2005 |
|
| Barbara A. Atwood |
THIRD-PARTY CUSTODY, PARENTAL LIBERTY, AND CHILDREN'S INTERESTS |
43-SPG Family Advocate 48 (Spring, 2021) |
Two decades after Troxel v. Granville, 530 U.S. 57 (2000), the law governing third-party or nonparent contact with children is still in flux. This article explores current third-party custody law, including the evolving standards in the courts, illustrative statutory frameworks, and potential legal issues that can arise in nonparent custody... |
2021 |
|
| Lori V. Quigley, Ph.D. |
Thomas Indian School |
14 Judicial Notice 48 (2019) |
In the late 1800s, the United States created special boarding schools in locations all over the United States, with the purpose of civilizing American Indian youth. It was an educational experiment, one that the government hoped would change the traditions and customs of American Indians. In the past several decades, research into these boarding; Search Snippet: ...Ph.D. I n the late 1800s, the United States created special boarding schools in locations all over the United States, with the purpose of civilizing American Indian youth. It was an educational experiment, one that the government... |
2019 |
|
| Katerina Silcox |
Thompson V. Fairfax County Department of Family Services: Determining the Best Interests of the Indian Child |
10 Liberty University Law Review 141 (Fall, 2015) |
Children are a gift from the Lord - Psalm 127:3. Remember that your children are not your own, but are lent to you by the Creator. - Mohawk Proverb In the Virginia case of Thompson v. Fairfax County Department of Family Services, the Virginia Court of Appeals declined to recognize the so-called Existing Indian Family Exception (hereinafter; Search Snippet: ...DEPARTMENT OF FAMILY SERVICES: DETERMINING THE BEST INTERESTS OF THE INDIAN CHILD Katerina Silcox [FNd1] Copyright (c) 2015 the Liberty University Law... |
2015 |
|
| Hedi Viterbo |
Ties of Separation: Analogy and Generational Segregation in North America, Australia, and Israel/palestine |
42 Brooklyn Journal of International Law 695 (2017) |
Introduction. 696 I. Analogy and Generational Segregation. 700 A. Transcending Prison Through Analogies. 701 B. Generational Segregation in Israeli Custody. 704 C. Analogizing Generational Segregation. 708 II. Already Analogized. 719 III. Analogy's Frameworks. 729 A. Legalistic Analogies Concerning Generational Segregation. 730 B. Rigid; Search Snippet: ...U.S.] government reached the conclusion that successful assimilation required removing Indian children from their reservations and reeducating them away from their families and environments . For several years, Indian parents had to send their children to various off-reservation boarding schools or to specially constructed boarding schools at the periphery of the reservations . Once the children... |
2017 |
|
| Garrett Epps |
To an Unknown God: the Hidden History of Employment Division V. Smith |
30 Arizona State Law Journal 953 (Winter, 1998) |
I. Introduction. 956 II. The Antagonists. 959 A. Al Smith. 959 B. Galen Black. 964 C. Dave Frohnmayer. 965 III. Oregon: The Legal Background. 968 A. The Oregon Constitution. 968 B. Rajneeshpuram. 971 IV. The Eagle Feather: Black and Smith at ADAPT. 978 V. Ignorant Armies: The Early Court Cases. 985 VI. In Search of an Interest: The Oregon Appellate; Search Snippet: ...however, Smith was sent to Sacred Heart Academy, a Catholic boarding school in Klamath Falls, where he was among a minority of Native children sent there to learn American and Christian ways. [FN20... |
1998 |
|
| Charles F. Wilkinson |
To Feel the Summer in the Spring: the Treaty Fishing Rights of the Wisconsin Chippewa |
1991 Wisconsin Law Review 375 (1991) |
In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a; Search Snippet: ...Nebraska; peyote in Utah and New Mexico; custody of young Indian children in Montana and Illinois; land title in Maine and New... |
1991 |
|
| Gregory H. Bigler |
Traditional Jurisprudence and Protection of Our Society: a Jurisgenerative Tail |
43 American Indian Law Review Rev. 1 (2018) |
This Article organizes thoughts from a long period of work and life exploring some of what uniquely guides traditional Euchee and Muscogee society. My participation in Euchee ceremonial life is a lens by which I view tribal, federal, and human rights law and processes. I hope to begin articulating a modern traditional Indian jurisprudence and find; Search Snippet: ...and several of their cousins. [FN64] Golaha Millie, unlike most Indians of that time, insisted the children all speak Euchee upon their return home from Indian boarding schools, regardless of them being punished for speaking it at... |
2018 |
|
| Marcia Zug |
Traditional Problems: How Tribal Same-sex Marriage Bans Threaten Tribal Sovereignty |
43 Mitchell Hamline Law Review 761 (2017) |
I. Introduction. 761 II. Same-Sex Marriage in Indian Country. 768 III. Tribal Sovereignty, Tradition, and Unfairness. 773 A. Interpreting Santa Clara Pueblo v. Martinez. 774 B. The Cherokee Freedmen. 777 IV. Tribal Traditions and Fairness. 783 A. Crow Dog and Tribal Justice. 784 B. Mississippi Band of Choctaw Indians v. Dollar General Corp. 787 1; Search Snippet: ...Courts 789 2. Traditions, Customs, and Bias 792 C. The Indian Child Welfare Act 795 V. The Future 797 VI. Conclusion 800... |
2017 |
|
| Patrice H. Kunesh |
Transcending Frontiers: Indian Child Welfare in the United States |
16 Boston College Third World Law Journal 17 (Winter, 1996) |
Let us put our minds together and see what kind of future we can build for our children. These words were spoken by Sitting Bull, a Hunkpapa Lakota leader, following his peoples' victory over the army of the United States at the Battle of Little Big Horn in 1876. In the struggle to protect the Lakota lands against colonial expansion, Sitting Bull; Search Snippet: ...Boston College Third World Law Journal Winter, 1996 TRANSCENDING FRONTIERS: INDIAN CHILD WELFARE IN THE UNITED STATES Patrice H. Kunesh [FNa] Copyright... |
1996 |
Child Welfare |
| 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 |
|
| Margaret Howard |
Transracial Adoption: Analysis of the Best Interests Standard |
59 Notre Dame Law Review 503 (1984) |
The child placement system in the United States is governed by the best interests principle: that intervention and placement or other disposition should be carried out only to further the best interests of the affected child. This principle is sometimes stated as the standard for decisiona ruleand at other times as the goal the system is intended; Search Snippet: ...and ultimate decline [FN2] of transracial placements of black and Indian children. [FN3] After discussing the competing interests involved in transracial adoptions... |
1984 |
|
| Gwen N. Westerman, PhD, Minnesota State University, Mankato |
Treaties Are More than a Piece of Paper: Why Words Matter |
10 Albany Government Law Review 293 (2017) |
Minnesota is a Dakota place. The Dakota people's place in Minnesota. Is there a difference between those two statements? The first is a simple declarative sentence that identifies Minnesota. The second is a dependent phrase that locates the people in the place but is lacking context. This transformation of syntax also transforms the meaning. In; Search Snippet: ...passed that forbade Indians and whites to marry. Day schools, boarding schools, and industrial schools were built and filled with Indian children removed from the influence of their families. [FN78] My grandparents... |
2017 |
|
| Richard Monette, James M. Grijalva, P.S. Deloria, Judith V. Royster, Rebecca Tsosie |
Treating Tribes as States under the Clean Water Act: the Good and the Bad |
71 North Dakota Law Review 497 (1995) |
MR. MONETTE: Good morning. Nice to see you all again. We have a slight change in the panel, as you can see. Let me just first mention that John Harbison has, I understand, taken ill and probably won't be with us today. So he could probably use some of our good thoughts. And Sam Deloria will sit in his place to help respond. Our topic is, as you can; Search Snippet: ...are dealing with Indian Gaming Acts, Indian Civil Rights Acts, Indian Child Welfare Acts, their sovereign spheres are overlapping with the U.S... |
1995 |
|
| 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 |
|
| Ryan Dreveskracht |
Tribal Court Jurisdiction and Native Nation Economies: a Trip down the Rabbit Hole |
67 National Lawyers Guild Review 65 (Summer, 2010) |
Lance Morgan is the chief executive officer of Ho-Chunk Inc., the economic development corporation of the Winnebago Tribe of Nebraska. In 1994 Ho-Chunk Inc. was founded using seed money from a gaming enterprise opened two years earlier in order to provide long-term economic growth to the perpetually impoverished Indian nation. In 2001 Ho-Chunk; Search Snippet: ...federal official, to kill the Indian, save the man. [FN158] Indian children were removed from home to be educated in government and church-run boarding schools throughout the United States[,] where youth were often sexually... |
2010 |
|
| Robert N. Clinton |
Tribal Courts and the Federal Union |
26 Willamette Law Review 841 (Fall, 1990) |
Since first contact with Euro-American society, Indian tribal communities have struggled for recognition of their political autonomy and rights with Euro-American communities that neither understood nor respected the social organization and government of tribal groups. During the sixteenth and seventeenth centuries, some Euro-Americans claimed; Search Snippet: ...umberlla of the federal union. [FN49] Indeed, the allotment program, Indian citizenship, and the forced amalgamation of sovereign Indian communities into the American polity through other means (such as coercive boarding schools [FN50] ) are best understood as particularly brutal and destructive... |
1990 |
|
| Addie C. Rolnick |
Tribal Criminal Jurisdiction Beyond Citizenship and Blood |
39 American Indian Law Review 337 (2014-2015) |
Introduction. 338 I. A Patchwork of Rules. 348 A. Jurisdiction Ends at the Indian. 352 B. Jurisdiction Extends to Nonmember Indians. 360 1. Duro v. Reina. 361 2. The Duro Fix. 364 C. Who Is an Indian?. 369 1. Challenges to the Duro Fix. 372 2. Federal Court Review of Tribal Jurisdiction over Unenrolled People. 376 3. Federal Jurisdiction; Search Snippet: ...Tribal Law 439, 444 (Navajo 1999) Given the United States Indian education policy of sending Indian children to boarding schools, Indians in the armed services, modern population mobility, and other factors, there are high rates of intertribal intermarriage among American Indians. id. at 447-51 (discussing history of Indians from other... |
2015 |
|
| Kelly Gaines-Stoner |
Tribal Judicial Sovereignty: a Tireless and Tenacious Effort to Address Domestic Violence |
53 Family Law Quarterly 167 (Fall, 2019) |
As of 2018, 573 Native American tribes were legally recognized by the Bureau of Indian Affairs (BIA) of the United States. Of the 573 tribes, 231 tribes are located in Alaska. The health and wellbeing of all Native families is in peril as Native women and their children are exposed to domestic violence and other multiple forms of violence in Indian; Search Snippet: ...colonization movement only served as an opportunity to further victimize Native women and children by diminishment in the status of women, destruction and disease, boarding schools, and learned violence. While tribal cultures vary considerably, common... |
2019 |
|
| Cruz Reynoso , William C. Kidder |
Tribal Membership and State Law Affirmative Action Bans: Can Membership in a Federally Recognized American Indian Tribe Be a plus Factor in Admissions at Public Universities in California and Washington? |
27 Chicana/o-Latina/o Law Review 29 (2008) |
The group at the statistical bottom of all the scales thought to measure lack of opportunity is American Indians. A line of viable Supreme Court authority holds that equal protection of the law does not require strict scrutiny of laws singling out Indians for advantage or disadvantage, when Indians is understood to mean members of federally; Search Snippet: ...the appeal court applied strict scrutiny in holding that the Indian Child Welfare Act--which directs that when a child of a... |
2008 |
|
| Lauren van Schilfgaarde, Aila Hoss, Ann E. Tweedy, Sarah Deer, Stacy Leeds |
TRIBAL NATIONS AND ABORTION ACCESS: A PATH FORWARD |
46 Harvard Journal of Law & Gender 1 (Winter, 2023) |
I. Introduction. 2 II. Historical Backdrop for Reproductive Autonomy. 8 III. Abortion Care in Indian Country Today. 17 A. Federal Indian Health System. 19 B. Facility Abortion Policies. 22 C. Indigenous Access to Abortion Care. 26 D. Views of Abortion Across Indian Country. 29 IV. Navigating Jurisdiction in Indian Country. 31 A. Criminal... |
2023 |
|
| Angelique EagleWoman , (Wambdi A. WasteWin) |
Tribal Nations and Tribalist Economics: the Historical and Contemporary Impacts of Intergenerational Material Poverty and Cultural Wealth Within the United States |
49 Washburn Law Journal 805 (Spring 2010) |
Let us put our minds together to see what we can build for our children. Itancan Tatanka Iyotaka (Chief Sitting Bull) The poor quality of life and material impoverishment that is the situation for the majority of tribal citizens within the United States is unacceptable, especially in light of the U.S. policies that have created the poverty; Search Snippet: ...of tribal government. The aftermath of the most devastating U.S. Indian policies included: removal from tribal homelands, [FN57] the kidnapping of... |
2010 |
|
| Lorelei Laird |
Tribal Rights |
101-MAY ABA Journal 15 (May, 2015) |
When South Dakota's Pennington County petitioned to take custody of Madonna Pappan's children, the hearing lasted slightly more than 60 seconds. Pappan and her husband were not permitted to present any evidence supporting their continued custody, according to a subsequent lawsuit. After her husband asked the judge what he was allowed to say in; Search Snippet: ...TRIBAL RIGHTS South Dakota Class Action Highlights Violations of the Indian Child Welfare Act Lorelei Laird Copyright © 2015 by the American Bar... |
2015 |
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| Geoffrey D. Strommer, Starla K. Roels, Caroline P. Mayhew |
Tribal Sovereign Authority and Self-regulation of Health Care Services: the Legal Framework and the Swinomish Tribe's Dental Health Program |
21 Journal of Health Care Law and Policy 115 (2018) |
Across the United States, an important shift is taking place in the Indian health care arena. Over the past forty years, many American Indian Tribes have transitioned away from relying primarily on federal officials to provide a bare minimum in health care services to Indian people and have begun instead to develop and operate complex tribal health; Search Snippet: ...PHS reported in its 1957 Report, In 1892, Commissioner [of Indian Affairs Thomas J.] Morgan, having repeatedly exhorted Congress in the name of humanity to provide money for Indian hospitals at every agency and boarding school, described the lack of such facilities as a great... |
2018 |
|
| Regina Gerhardt |
Tribal Sovereignty and Gaming: a Proposal to Amend the National Labor Relations Act |
39 Cardozo Law Review 377 (October, 2017) |
C1-2Table of Contents Introduction. 378 I. Legal Background. 381 A. History of Tribal Sovereignty in the United States. 381 1. Origins of Tribal Sovereignty. 382 2. Tribal Sovereignty over Strictly Commercial Matters. 387 B. Federal Laws of General Applicability. 388 C. Impact of the Gaming Industry on Tribes and the Non-Tribal Labor Force. 390; Search Snippet: ...and responsibility to the Indian people for the education of Indian children Pevar supra note 31, at 35. See id... |
2017 |
|
| Michael Doran |
TRIBAL SOVEREIGNTY PREEMPTED |
89 Brooklyn Law Review 53 (Fall, 2023) |
In 1832, the US Supreme Court held in Worcester v. Georgia that the State of Georgia had no authority to exercise criminal jurisdiction over a non-Indian for conduct within the lands of the Cherokee Nation. In passages repeated many times since, the Court said that the several Indian nations [are] distinct political communities, having territorial... |
2023 |
|
| Dean B. Suagee |
Tribal Voices in Historic Preservation: Sacred Landscapes, Cross-cultural Bridges, and Common Ground |
21 Vermont Law Review 145 (Fall, 1996) |
C1-3TABLE OF CONTENTS Introduction 147 I. Our Stories Matter. 149 A. Our Places in American History. 150 1. Owning Up to the Legacy of Cultural Genocide. 153 2. Celebrating Our Survival and Our Differences. 157 B. The Contemporary Need for Stewardship. 160 1. Our Stories About Nature. 162 2. Values in Conflict over the Use of Land. 163 a. Bighorn; Search Snippet: ...and massacres), the federal government attacked the core values of Indian tribal cultures on several fronts: traditional religious practices were outlawed; children were taken away to boarding schools; and tribal landholdings were confiscated and converted into individual... |
1996 |
|
| Rebecca Tsosie |
Tribalism, Constitutionalism, and Cultural Pluralism: Where Do Indigenous Peoples Fit Within Civil Society? |
5 University of Pennsylvania Journal of Constitutional Law 357 (January, 2003) |
The effort of modern political theory to understand multiculturalism has engendered a variety of responses, depending upon the theoretical tradition (e.g., liberalism, communitarianism) and the nature of the group (e.g., immigrant groups, descendants of slaves, indigenous peoples). Contemporary political philosophers struggle with two primary; Search Snippet: ...efforts to manage differences. [FN46] The history of relations between Native people and the United States government is replete with examples of the former: the United States military campaigns against Indian nations, the forced relocation of Native groups from their traditional homelands, and the forcible assimilation of Native people through boarding school policies and Christianization. However, the United States has also... |
2003 |
|
| Lori Bable |
TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY |
18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) |
This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... |
2021 |
|
| Sharon O'Brien |
Tribes and Indians: with Whom Does the United States Maintain a Relationship? |
66 Notre Dame Law Review 1461 (1991) |
Federal Indian itself law is a mythical creature because it is composed of badly written, vaguely phrased and ill-considered federal statutes; hundreds of self-serving Solicitor's Opinions and regulations; and state, federal, and Supreme Court decisions which bear little relationship to rational thought and contain a fictional view of American; Search Snippet: ...of seven (now fourteen) major crimes on reservations. Congress established Indian boarding schools designed to kill the Indian . . . and save the man. [FN17] The Bureau of Indian Affairs... |
1991 |
|
| Carla D. Pratt |
Tribes and Tribulations: Beyond Sovereign Immunity and Toward Reparation and Reconciliation for the Estelusti |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) |
This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by; Search Snippet: ...in Carlisle, Pennsylvania. David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience 1875-1928 51-53 (1995). Many of Pratt's... |
2005 |
|
| Raymond Cross |
Tribes as Rich Nations |
38 Public Land & Resources Law Review 117 (2017) |
I. Introduction. 119 A. The Life-Cycle of the Tribe. 123 1. Birth. 123 2. Childhood. 127 3. Adolescence. 128 4. Death. 133 5. Rebirth. 143 II. The Failed Effort to Emancipate the American Indian Peoples. 146 A. The Origin of Tribal Self-Determination. 147 1. Evaluating the Self-Determination Component. 148 2. Evaluating the Tribal Component. 149; Search Snippet: ...their tribesmen to be white Indians. [FN67] Third, allotment encouraged Indian parents to send their children to the newly-created federal Indian boarding schools. [FN68] An American-type education was deemed to be the most reliable means for assimilating Indian children into a non-Indian society. [FN69] It was the archetypal... |
2017 |
|
| Raymond Cross |
Tribes as Rich Nations |
79 Oregon Law Review 893 (Winter 2000) |
If you have understanding and heart, show only one. Both they will damn, if both you show together. Emancipating today's American Indian peoples requires a fundamental restructuring of the contemporary concept of tribal self-determination. Bound by their legal status as tribes, assigned to them by Supreme Court opinions now almost 200 years old,; Search Snippet: ...their tribesmen to be white Indians. [FN68] Third, allotment encouraged Indian parents to send their children to the newly-created federal Indian boarding schools. [FN69] An American-type education was deemed to be the most reliable means for assimilating Indian children into a non-Indian society. [FN70] It was the archetypal... |
2000 |
|
| Christopher R. Green |
TRIBES, NATIONS, STATES: OUR THREE COMMERCE POWERS |
127 Penn State Law Review 643 (Summer, 2023) |
The scope of federal power is sometimes seen as a long-running battle between two stories. Story One sees the commerce power as initially broad, mistakenly contracted in the late nineteenth century, then properly restored in 1937 as the national power to deal with national problems. Story Two sees 1937 as the mistake, and the commerce power as... |
2023 |
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| Judith Resnik |
Tribes, Wars, and the Federal Courts: Applying the Myths and the Methods of Marbury V. Madison to Tribal Courts' Criminal Jurisdiction |
36 Arizona State Law Journal 77 (Spring, 2004) |
C1-3Table of Contents I. Constitutionalism as Reasoning About Constraint. 78 II. Federal Indian Law and the Problems of Authority. 93 III. Difference, Assimilation, and Sovereignty. 96 IV. Jurisdiction by Distrust of the Other Court System. 102 V. Jurisdiction by Political Affiliation. 111 VI. Sources of Sovereignty, Double Jeopardy, and; Search Snippet: ...or discovery. Id . at 85-86. See, e.g. , the Indian Child Welfare Act, Pub. L. No. 95-608, 92 Stat. 3069... |
2004 |
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| Kace Rodwell , Michael Colbert Smith , Stephanie Hudson |
TRIBUTES TO STEVE HAGER |
46 American Indian Law Review 337 (2022) |
I first met Steve Hager at Sovereignty Symposium when he was presenting on the Indian Child Welfare Act (ICWA) for the Juvenile Law panel. I was just a 1L law student then, inspired by his passion for advocating for Tribal families and enforcing laws enacted to protect them. I knew then that I wanted to work alongside Steve and would later get that... |
2022 |
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| David R. Katner |
TRUMP'S POLICY OF PUTTING KIDS IN CAGES: SIX DEAD, THOUSANDS SEPARATED FROM PARENTS, MAKING AMERICA GREAT AGAIN? |
28 Virginia Journal of Social Policy and the Law 87 (Spring, 2021) |
Introduction. 88 I. Conditions of Children's Detentions at the U.S. Border. 96 II. The Traumatic Impact of Separating Children from Parents and Locking them Up. 105 A. The Complications and Manipulations of Conditions of Poverty. 110 B. Need for Therapeutic Interventions for Children and Adolescents Separated from Parents by the Trump... |
2021 |
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| Lauren E. Schneider |
TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) |
52 Loyola University Chicago Law Journal 1099 (Summer, 2021) |
The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... |
2021 |
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