Author | Title | Citation | Summary | Year | Key Term |
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
Onalee R. Chappeau |
Trusting the Tribe: Understanding the Tensions of the Indian Child Welfare Act |
64 Saint Louis University Law Journal 241 (Winter, 2020) |
. Remember your birth, how your mother struggled to give you form and breath. You are evidence of her life, and her mother's, and hers. Remember your father. He is your life, also . Remember you are all people and all people are you. Remember you are this universe and this universe is you. Remember all is in motion, is growing, is you. Remember; Search Snippet: ...2020 Note TRUSTING THE TRIBE: UNDERSTANDING THE TENSIONS OF THE INDIAN CHILD WELFARE ACT Onalee R. Chappeau [FNa1] Copyright © 2020 by Saint... |
2020 |
Child Welfare |
Heather Parker |
Truth and Reconciliation Commissions: a Needed Force in Alaska? |
34 Alaska Law Review 27 (June, 2017) |
Introduction. 28 Background and Definitions. 31 Truth Commissions. 31 Reconciliation. 34 Context for Alaska. 35 History of Occupation. 36 Forced Assimilation Policies. 37 Government-Endorsed Discrimination. 38 Aftermath of Assimilation and Discrimination Policies in Alaska. 40 Comparison and Overview of Select International Commissions. 42 South; Search Snippet: ...the village, it was eerily quiet that winter. [FN61] At boarding school, all topics were taught in English and there was a constant message that Native cultures, heritage, and languages were of no use, including singing... |
2017 |
|
Kimbirlee E. Sommer Miller |
TRUTH AND RECONCILIATION: RESTORATIVE JUSTICE, ACCOUNTABILITY, AND CULTURAL VIOLENCE |
24 Oregon Review of International Law 195 (2023) |
I. Residential Schools: Compulsory Assimilation for Indigenous Children. 198 A. History. 198 B. Forced Assimilation. 200 C. Abuse. 201 D. Mass Graves. 202 II. Cultural Genocide: The Sociological Impact of Cultural Erasure. 203 A. Tribal Languages. 205 B. Poverty. 206 C. Substance Abuse and PTSD. 207 D. Generational Trauma. 208 III. Canada's Truth... |
2023 |
|
Sarah Martinez |
Turning Back the Clock: the Loss of Tribal Jurisdiction over Involuntary Juvenile Dependency Proceedings |
10 U.C. Davis Journal of Juvenile Law & Policy 541 (Summer, 2006) |
There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children. This language from the Indian Child Welfare Act of 1978 (ICWA) captures the U.S. Congress' intent in preventing the mass removal of Indian children from their reservations, families and culture. Native American activism for; Search Snippet: ...Indian tribes than their children. [FN1] This language from the Indian Child Welfare Act of 1978 (ICWA) captures the U.S. Congress' intent in preventing the mass removal of Indian children from their reservations, families and culture. Native American activism for... |
2006 |
|
Laura Briggs |
TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT |
11 Columbia Journal of Race and Law 611 (July, 2021) |
This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... |
2021 |
|
Justin E. Brooks |
TWO COUNTRIES IN CRISIS: MAN CAMPS AND THE NIGHTMARE OF NON-INDIGENOUS CRIMINAL JURISDICTION IN THE UNITED STATES AND CANADA |
56 Vanderbilt Journal of Transnational Law 533 (March, 2023) |
Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the... |
2023 |
|
Robert B. Porter - Odawi |
Two Kinds of Indians, Two Kinds of Indian Nation Sovereignty: a Surreply to Professor Lavelle |
11 Kansas Journal of Law & Public Policy 629 (Spring, 2002) |
If you can free your mind, the body will follow. - Morpheus I. INTRODUCTION John LaVelle, my colleague at the University of South Dakota, graciously took up the task of commenting on my article arguing against the increasing practice of American Indians to self-identify as, and to exercise the political rights of, American citizens. Professor; Search Snippet: ...fails to acknowledge that the fundamental purpose of making the Indians Christians, like sending them to the boarding schools, was to completely destroy traditional Indian culture and identity. That is why today it is not... |
2002 |
|
Scott Trowbridge |
Understanding the 2016 Indian Child Welfare Act Regulations |
36 Child Law Practice Prac. 6 (January, 2017) |
The Indian Child Welfare Act (ICWA) was passed in 1978 in response to widespread removals of Native American children. It came on the heels of official policies aimed at eroding tribal sovereignty and culture. ICWA is unique in that it seeks to protect children, their families, and the right of tribal governments to exercise parens patriae; Search Snippet: ...Practice January, 2017 Law and Policy Update UNDERSTANDING THE 2016 INDIAN CHILD WELFARE ACT REGULATIONS Scott Trowbridge [FNa1] Copyright © 2017 by American Bar Association; Scott Trowbridge T he Indian Child Welfare Act (ICWA) [FN1] was passed in 1978 in response... |
2017 |
Child Welfare |
Annette Ruth Appell |
Uneasy Tensions Between Children's Rights and Civil Rights |
5 Nevada Law Journal 141 (Fall 2004) |
This essay begins an exploration of the opposition between, and intersection of, children's rights and civil rights. Children's rights, a phrase I will define and explore more fully below, are sometimes placed under the umbrella of the civil rights movement. Children's rights to equal protection in education, protections against arbitrary state; Search Snippet: ...various faces of children's rights in the context of the Indian Child Welfare Act (ICWA). [FN2] This Symposium's occasion and location in... |
2004 |
|
Neoshia R. Roemer |
UN-ERASING AMERICAN INDIANS AND THE INDIAN CHILD WELFARE ACT FROM FAMILY LAW |
56 Family Law Quarterly 31 (2022-2023) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures,... |
2023 |
Child Welfare |
Monika Batra Kashyap |
Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System |
46 Fordham Urban Law Journal 548 (June, 2019) |
This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called settler colonialism, which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration; Search Snippet: ...of Indigenous children from their families to government-funded residential boarding schools provides a quintessential example of a settler colonial cultural... |
2019 |
|
Addie C. Rolnick |
Untangling the Web: Juvenile Justice in Indian Country |
19 NYU Journal of Legislation and Public Policy 49 (2016) |
The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration; Search Snippet: ...Juvenile Justice and Delinquency Prevention Act 133 4. Extend the Indian Child Welfare Act 134 B. Improving Outcomes for Native Youth in... |
2016 |
|
Lauren van Schilfgaarde , Brett Lee Shelton |
USING PEACEMAKING CIRCLES TO INDIGENIZE TRIBAL CHILD WELFARE |
11 Columbia Journal of Race and Law 681 (July, 2021) |
Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child... |
2021 |
Child Welfare |
Kirke Kickingbird |
Vanishing American-vanishing Justice: Indian Policies on the Eve of the 21st Century |
14 Thomas M. Cooley Law Review 437 (Michaelmas Term, 1997) |
Well, I began teaching law school in 1988. I taught federal Indian law under tribal governments for years through a special program that I had developed with my private, non-profit organization named the Institute for the Development of Indian Law. While teaching, I have found that the material I used to be able to teach tribal governments' leaders; Search Snippet: ...there was considerable, the United States sold to white homesteaders. Indian children were shipped away to boarding schools and separated from the adverse influence of their parents... |
1997 |
|
Summer Blaze Aubrey |
Violence Against the Earth Begets Violence Against Women: an Analysis of the Correlation Between Large Extraction Projects and Missing and Murdered Indigenous Women, and the Laws That Permit the Phenomenon Through an International Human Rights Lens |
10 Arizona Journal of Environmental Law & Policy 34 (Fall, 2019) |
This note examines the prevalence of sex trafficking of Native women and children, and the correlation those rates have with large extraction projects, such as the Bakken Oil Fields in North Dakota, and the camps (man camps) that employees live in. In order to fully flesh out the phenomenon accurately, this note walks through pertinent history; Search Snippet: ...new frontier. Hunting never ended; [FN42] it only evolved. The Indian Boarding School Policy began in 1869 as a result of the Indian Civilization Act Fund, [FN43] the Peace Policy of 1869, [FN44... |
2019 |
|
Annette Ruth Appell |
Virtual Mothers and the Meaning of Parenthood |
34 University of Michigan Journal of Law Reform 683 (Summer 2001) |
Professor Appell supports the use of the traditional parental rights doctrine, which accords biological parents, particularly mothers, parental status alienable only voluntarily or upon proof of unfitness. She defends the doctrine against the criticisms that it is regressive and does not protect the interests of children or de facto parents. She; Search Snippet: ...tools used to define families. The government's coercive removal of Native American children from their families and tribes to foster homes and government boarding schools reveals the personal and cultural destructiveness of discretionary decisionmaking... |
2001 |
|
Kristen Carpenter , Andrew Cowell , Alexis Palmer |
VISIONS FOR THE INTERNATIONAL DECADE OF INDIGENOUS LANGUAGES 2022-2032 |
34 Colorado Environmental Law Journal 1 (Spring, 2023) |
The United Nations General Assembly recently proclaimed the International Decade of Indigenous Languages (IDIL) from 2022-2032 to to draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages and to take urgent steps at the national and international levels. The... |
2023 |
|
Stan Watts |
Voluntary Adoptions under the Indian Child Welfare Act of 1978: Balancing the Interests of Children, Families, and Tribes |
63 Southern California Law Review 213 (November, 1989) |
For nearly five hundred years the Native American Indian tribes of North America have struggled to maintain their unique cultural lifestyles. They have been dispossessed by land fraud, decimated by foreign diseases, subjugated by superior military technology, oppressed by a corrupt bureaucracy, and manipulated by misguided reformers, yet the tribes; Search Snippet: ...California Law Review November, 1989 Note VOLUNTARY ADOPTIONS UNDER THE INDIAN CHILD WELFARE ACT OF 1978: BALANCING THE INTERESTS OF CHILDREN, FAMILIES... |
1989 |
Child Welfare |
James Thomas Tucker , Rodolfo Espino , Tara Brite, Shannon Conley, Ben Horowitz, Zak Walter, Shon Zelman |
Voting Rights in Arizona: 1982-2006 |
17 Southern California Review of Law & Social Justice 283 (Spring 2008) |
Before the passage of the Voting Rights Act of 1965 (VRA), Arizonans of Hispanic, American Indian, African-American and Asian heritage were the victims of discrimination in virtually every area of their social and political lives. The town of Winslow adopted a policy segregating public swimming pools that allowed only Anglos to use the pool on days; Search Snippet: ...English-only requirements. [FN319] That would be true if American Indian children were being taught in tribal schools; however, 80% of tribal children are in public and charter schools. [FN320] American Indians remember well the era from the 1800s to the 1960s when American Indian children were placed in government-run boarding schools and punished for speaking their native language. [FN321] Proposition 203 revitalizes that much- |
2008 |
|
Laughlin McDonald , Janine Pease , Richard Guest |
Voting Rights in South Dakota: 1982-2006 |
17 Southern California Review of Law & Social Justice 195 (Fall 2007) |
The problems Indians continue to experience in South Dakota in securing an equal right to vote strongly supported the extension of the special provisions of the Voting Rights Act that were scheduled to expire in 2007. They also demonstrated the ultimate wisdom of Congress in making permanent and nationwide the basic guarantee of equal political; Search Snippet: ...she went to high school in Todd County. [FN239] The Indian students lived in a segregated dorm at the Rosebud boarding school. [FN240] They were bussed to the high school, then... |
2007 |
|
Allison M. Dussias |
Waging War with Words: Native Americans' Continuing Struggle Against the Suppression of Their Languages |
60 Ohio State Law Journal 901 (1999) |
This Article explores how U.S. law has adversely affected Native American languages, and how Native Americans have resisted explicit and implicit pressure aimed at eradicating their languages. Professor Dussias also examines parallels between arguments made by federal government policy makers to support the suppression of Native American languages; Search Snippet: ...in the schools that it established and supported to educate Indian children. The children, however, were not always as willing to give... |
1999 |
|
Nancy A. Costello |
Walking Together in a Good Way: Indian Peacemaker Courts in Michigan |
76 University of Detroit Mercy Law Review 875 (Spring 1999) |
The sweet aroma of sage or sweetgrass burning in the hollow of an abalone shell opens the Peacemaker Court for the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan. As the peacemaker carries the smudge bowl around the room to dispel negative energy, he prays for wisdom to help the hostile parties resolve their dispute. Both parties,; Search Snippet: ...1800s following the migration of European settlers to America. [FN106] Indian children were sent to boarding schools and the Ottawa language was forbidden as European settlers... |
1999 |
|
Richard Delgado |
Watching the Opera in Silence: Disgust, Autonomy, and the Search for Universal Human Rights |
70 University of Pittsburgh Law Review 277 (Winter 2008) |
Inventing Human Rights: A History. By Lynn Hunt. New York, London: W.W. Norton & Company. 2007. Pp. 214+appendix. $14.95. Are human rights expanding over time? Christopher Stone, Peter Singer, and many others hold that they are and that this is a good thing. In a famous article and book, Stone points out that in early times, human beings recognized; Search Snippet: ...and raised in captivity. In reality, very few cases of Indian kidnapping ever occurred; many more Indian children were forcibly removed from their families and sent to Indian boarding schools, where Anglo authorities cut off their long hair, punished them for speaking Indian languages, and taught them to hate their culture and dress... |
2008 |
|
Alison Burton |
What about the Children? Extending Tribal Criminal Jurisdiction to Crimes Against Children |
52 Harvard Civil Rights-Civil Liberties Law Review 193 (Winter, 2017) |
C1-2Table of Contents Introduction. 194 I. Jurisdictional Gaps in Indian Country. 197 A. Tribes occupy a unique position in United States law as domestic dependent nations. 197 B. Overlapping tribal, federal, and state criminal jurisdiction in Indian country has created a jurisdictional crazy quilt with devastating gaps. 198 i. What qualifies as; Search Snippet: ...Criminal Jurisdiction to Crimes that Non-Indians Commit Against American Indian Children 209 A. Native children experience heightened levels of criminal victimization... |
2017 |
|
Charisa Smith |
WHEN COVID CAPITALISM SILENCES CHILDREN |
71 University of Kansas Law Review 553 (May, 2023) |
The lingering COVID-19 pandemic has ushered in policy developments that mar child and family wellbeing while effectively suppressing U.S. children in civic life. Although the prevailing framework for child-parent-state conflicts already antagonized families and disenfranchised youth, COVID Capitalism threatens to silence children on virtually... |
2023 |
|
Barbara Stark |
When Genealogy Matters: Intercountry Adoption, International Human Rights, and Global Neoliberalism |
51 Vanderbilt Journal of Transnational Law 159 (January, 2018) |
Those who believe in children's human rights need to promote children's basic human right to be liberated from the conditions under which they live in orphanages or on the street and to grow up with parents who can provide the loving nurturing that is essential for human flourishing. --Elizabeth Bartholet In short, there is a struggle for the; Search Snippet: ...the white man. [FN43] As Professor Lila George explains, the boarding school era, which began in the 1880s and continued until the Indian Adoption Project in the late 1950s, taught children that their... |
2018 |
|
Erik W. Aamot-Snapp |
When Judicial Flexibility Becomes Abuse of Discretion: Eliminating the "Good Cause" Exception in Indian Child Welfare Act Adoptive Placements |
79 Minnesota Law Review 1167 (May, 1995) |
When the power [to grant an adoption] is used to remove an Indian child from the surrounding most likely to connect that child with his or her cultural heritage, that decision unintentionally continues the gradual genocide of the Indians in America. Congress passed the Indian Child Welfare Act of 1978 (ICWA) to stop the mass removal of Native; Search Snippet: ...BECOMES ABUSE OF DISCRETION: ELIMINATING THE GOOD CAUSE EXCEPTION IN INDIAN CHILD WELFARE ACT ADOPTIVE PLACEMENTS Erik W. Aamot-Snapp Copyright ©... |
1995 |
Child Welfare |
Kim Laree Schnuelle |
When the Bough Breaks: Federal and Washington State Indian Child Welfare Law and its Application |
17 University of Puget Sound Law Review 101 (Fall, 1993) |
Stealing our future as a people is one of the greatest crimes the white man has ever devised. He justifies it with the fact that the Indian is a pagan, a believer in the preservation of nature, a non-user of mineral resources, a non-destroyer of the land and a family man . the white man has used progress as an excuse to conquer and own all,; Search Snippet: ...Fall, 1993 WHEN THE BOUGH BREAKS: FEDERAL AND WASHINGTON STATE INDIAN CHILD WELFARE LAW AND ITS APPLICATION Kim Laree Schnuelle [FNa] Copyright... |
1993 |
Child Welfare |
Steve Sanders |
Where Sovereigns and Cultures Collide: Balancing Federalism, Tribal Self-determination, and Individual Rights in the Adoption of Indian Children by Gays and Lesbians |
25 Wisconsin Journal of Law, Gender & Society 327 (Fall 2010) |
Introduction. 327 I. Background. 331 A. ICWA and Adoption. 331 B. Gay and Lesbian Adoption in the United States. 333 C. Indian Attitudes Toward Homosexuality and Same-sex Relationships. 334 II. Gay/Lesbian Adoptions in Tribal Court. 337 A. In Tribal Court, Tribal Law Controls. 338 B. Full Faith and Credit for Tribal Adoption Decrees. 339 III; Search Snippet: ...TRIBAL SELF-DETERMINATION, AND INDIVIDUAL RIGHTS IN THE ADOPTION OF INDIAN CHILDREN BY GAYS AND LESBIANS Steve Sanders [FNa1] Copyright (c) 2010... |
2010 |
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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 |
Child Welfare |