| Author | Title | Citation | Summary | Year |
| Jean Stefancic |
Talk the Talk, but Walk the Walk: a Comment on Joan Williams's Reshaping the Work-family Debate |
34 Seattle University Law Review 815 (Spring, 2011) |
Every morning, newspapers bring reports of fresh disasters suffered by America's workers. Intractable unemployment, outsourcing, temporary work, corporate bonuses and profit-taking, a business-oriented Supreme Court --all have taken a toll on workers of every class. Joan Williams commendably wishes to change America's shabby treatment of parents in; Search Snippet: ...children separately from their parents. [FN36] The government set up boarding schools for Indian children that separated them not only from their parents, but also... |
2011 |
| 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 |
| Addie C. Rolnick |
The Promise of Mancari: Indian Political Rights as Racial Remedy |
86 New York University Law Review 958 (October, 2011) |
In 1974, the Supreme Court declared that an Indian employment preference was based on a political rather than racial classification. The Court's framing of Indianness as a political matter and its positioning of political and racial as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about; Search Snippet: ...United States and white cultural practices. [FN100] During this time, Indian children were also sent to federally-sponsored boarding schools designed to kill the Indian in him and save the man, [FN101] where they were... |
2011 |
| Bethany R. Berger |
Williams V. Lee and the Debate over Indian Equality |
109 Michigan Law Review 1463 (June, 2011) |
Williams v. Lee (1959) created a bridge between century-old affirmations of the immunity of Indian territories from state jurisdiction and the tribal self-determination policy of the twentieth century. It has been called the first case in the modern era of federal Indian law. Although no one has written a history of the case, it is generally; Search Snippet: ...This Part describes this progression. By the twentieth century, American Indians had experienced centuries of efforts to separate them from their... |
2011 |
| Heidi McNeil Staudenmaier , Ruth K. Khalsa |
A Post-carcieri Vocabulary Exercise: What If "Now" Really Means "Then"? |
1 UNLV Gaming Law Journal 39 (Spring 2010) |
When the Indian Reorganization Act (IRA) was passed in 1934, it officially defined an Indian as a member of a recognized tribe now under federal jurisdiction. For nearly three-quarters of a century, this definition of an Indian and an Indian tribe--hallmarked by the four-word phrase now under federal jurisdiction-- guided federal policy and; Search Snippet: ...proponent of assimilation-through-education and the founder of the Indian boarding school movement, touted the principle of kill the Indian and save the man, denoting his utter contempt for native traditions, beliefs, and practices and his conviction that, by removing Indian children from their tribal environments and steeping them in the ways... |
2010 |
| Margaret P. Moss |
American Indian Health Disparities: by the Sufferance of Congress? |
32 Hamline Journal of Public Law and Policy 59 (Fall 2010) |
The sovereignty that the Indian tribes retain is of a unique and limited character. It exists only at the sufferance of Congress and is subject to complete defeasance. A seminal question for consideration in American Indian health is: To what extent has the unique political history of American Indians played a part in their health status as; Search Snippet: ...FN43] It was during this time and beyond that the Indian boarding schools were used to assimilate young children. [FN44] The Indian... |
2010 |
| The Honorable Korey Wahwassuck, The Honorable John P. Smith, The Honorable John R. Hawkinson |
Building a Legacy of Hope: Perspectives on Joint Tribal-state Jurisdiction |
36 William Mitchell Law Review 859 (2010) |
I. Sowing Seeds Of Hope--Synopsis. 860 II. Necessity: The Mother Of Invention--Background. 861 III. Changing Attitudes, Creating Believers--Overcoming Obstacles. 867 IV. The Roots Of Joint Jurisdiction--Historical Analysis. 874 V. The Fruits Of Change--Benefits of Joint Jurisdiction. 887 VI. Looking Forward--Conclusion. 896; Search Snippet: ...of assimilation and civilization was the forced re-education of Indian children at boarding schools that were often long distances from the reservations. [FN86... |
2010 |
| Annette R. Appell |
Controlling for Kin: Ghosts in the Postmodern Family |
25 Wisconsin Journal of Law, Gender & Society 73 (Spring, 2010) |
Amid the many transformations that have reshaped the study of kinship over time, the question of the significance of biological facts has remained a persistent quagmire - as easy to fall into as it is difficult to leave behind. Abstract. 74 Introduction. 74 I. Bionormative Regulation of Families and the Production of Liberty. 79 A. The; Search Snippet: ...of federal and state policy led to the removal of Native American children from their homes and tribes to boarding schools [FN207] and Anglo-American families. [FN208] This process of... |
2010 |
| Marcia A. Zug |
Dangerous Gamble: Child Support, Casino Dividends, and the Fate of the Indian Family |
36 William Mitchell Law Review 738 (2010) |
I. Introduction. 739 II. The Role of Children's Income on Child Support. 744 A. Duty of Child Support. 748 B. Case Law Concerning Children's Income. 749 C. The Hoak Case. 750 D. Policy Concerns. 753 E. The History of Parental Financial Exploitation. 755 III. The Cypress Difference. 757 A. The Indian Difference. 758 B. The Role of the Indian Family; Search Snippet: ...reach a decision regarding the appropriateness of child support for Indian children receiving casino dividends, but it is a decision that will... |
2010 |
| Jill E. Tompkins |
Finding the Indian Child Welfare Act in Unexpected Places: Applicability in Private Non-parent Custody Actions |
81 University of Colorado Law Review 1119 (Fall 2010) |
In recent years, as an increasing number of Indian parents struggle with substance abuse and addiction, the number of abused and neglected Indian children is on the rise. Consequently, state child welfare agencies are overwhelmed, and caseworkers are only able to intervene in the most egregious situations. This understaffing of state agencies; Search Snippet: ...University of Colorado Law Review Fall 2010 Article FINDING THE INDIAN CHILD WELFARE ACT IN UNEXPECTED PLACES: APPLICABILITY IN PRIVATE NON-PARENT... |
2010 |
| Rebecca Tsosie |
Indigenous Women and International Human Rights Law: the Challenges of Colonialism, Cultural Survival, and Self-determination |
15 UCLA Journal of International Law and Foreign Affairs 187 (Spring 2010) |
As indigenous peoples move toward full realization of their right to self-determination, as affirmed by the text of the United Nations Declaration on the Rights of Indigenous Peoples, some have queried whether this will promote the ability of indigenous groups to violate the rights of vulnerable members, particularly women. International human; Search Snippet: ...civilization agenda. [FN43] Federal policymakers authorized the forcible removal of Native American children from their homes and families and their placement in residential boarding schools, where their tribal identity (including religion, social practices, and... |
2010 |
| Leo I. Brisbois |
Nine Days in June: Shaping Our Future; Valuing Our past |
67-MAR Bench and Bar of Minnesota Minn. 6 (March, 2010) |
Boozhoo Niijii; Gdinimikoon. Hello, Friend; I greet you in a good way. Well into the first half of the 20th century, American Indian communities, the Ojibwe/Anishinaabe among them, tragically endured the often forced removal of children from their homes, sometimes for years. These children routinely were sent half-way across the continent to; Search Snippet: ...children routinely were sent half-way across the continent to boarding schools to be taught how not to be Indian. My own paternal grandparents were sent to boarding schools in Carlisle, PA, and Flandreau, SD. The Ojibwe/Anishinaabe... |
2010 |
| Catherine Y. Kim |
Procedures for Public Law Remediation in School-to-prison Pipeline Litigation: Lessons Learned from Antoine V. Winner School District |
54 New York Law School Law Review 955 (2009/2010) |
As described throughout this issue, the school-to-prison pipeline refers to policies and practices that systemically push at-risk youth out of mainstream public schools and into the juvenile or criminal justice systems. Students in K-12 public schools are subject to exclusionary school discipline practices of suspension or expulsion with; Search Snippet: ...attitudes was embodied in the assimilation policy of removing American Indian children from their homes and placing them in boarding schools, popularized as Kill the Indian, Save the Man. See U.S. Comm'n on Civil Rights, A... |
2010 |
| George A. Martinez |
Race, American Law and the State of Nature |
112 West Virginia Law Review 799 (Spring, 2010) |
L1-2Abstract L3799 I. Introduction. 800 II. State of Nature Theory: Hobbes and Spinoza. 802 A. Hobbes. 803 B. Spinoza. 805 III. Racial Minorities in the State of Nature. 806 A. African-Americans and the State of Nature. 806 B. Native Americans and the State of Nature. 811 C. Mexican-Americans and Lack of Constraint. 815 D. Immigration and Plenary; Search Snippet: ...Native American children from their families); Gaylene J. McCartney, American Indian Child-Welfare Crisis: Cultural Genocide or First Amendment Preservation? 7 Colum... |
2010 |
| Bethany R. Berger |
Reconciling Equal Protection and Federal Indian Law |
98 California Law Review 1165 (August, 2010) |
Federal Indian law and policy, which largely concern the distinct status of Indian individuals and tribes defined in part by descent, increasingly face challenges that they violate equal protection law. This Article argues that such challenges stem from what Professor Philip Frickey has criticized as the seduction of artificial coherence, and; Search Snippet: ...to homesteaders and railroads, assumed jurisdiction to punish crimes between Indians, corralled Indian children in federal boarding schools, and erected Courts of Indian Offenses to regulate domestic and religious matters. [FN84] Policy began... |
2010 |
| Sarah Deer |
Relocation Revisited: Sex Trafficking of Native Women in the United States |
36 William Mitchell Law Review 621 (2010) |
I. Introduction. 622 II. Historical Overview: Preliminary Notes on Context. 630 III. Enslavement. 632 A. Pre-Colonial Human Captivity. 633 B. Indian Slavery under Spanish and Portuguese Law. 636 C. Indian Slavery under English Law. 638 D. Indian Slavery under French Law. 639 E. Indian Slavery in the United States. 640 IV. Exploitation. 640 A; Search Snippet: ...A. Forced Migration-- Trails of Tears 661 B. Trafficking in Native Children: Mandatory Boarding Schools 665 VI. Relocation Revisited 669 VII. Contemporary Issues 674... |
2010 |
| Allison M. Dussias |
Spirit Food and Sovereignty: Pathways for Protecting Indigenous Peoples' Subsistence Rights |
58 Cleveland State Law Review 273 (2010) |
The right of taking fish at usual and accustomed grounds and stations is further secured to said Indians . . . together with the privilege of hunting and gathering roots and berries . . . . -Treaty of Point No Point, 1855 Water is the life-supporting blood of Mother Earth that human beings share in common with all living things. -Sokaogon Chippewa; Search Snippet: ...the assimilationist agenda of past U.S. government policy toward tribes. Boarding schools and day schools, run by the government and by... |
2010 |
| Gloria Valencia-Weber, Antoinette Sedillo Lopez |
Stories in Mexico and the United States about the Border: the Rhetoric and the Realities |
5 Intercultural Human Rights Law Review 241 (2010) |
Immigration was a hot topic before the failure of the June 2007 United States (U.S.) President's Immigration Reform Bill and remains so today. President Obama has promised to work on comprehensive immigration reform. This initiative will, of course, involve popular discourse and press coverage. During the time in which the 2007 Immigration Reform; Search Snippet: ...the U.S. government accelerated its policy and practice of removing Indian children from their families to send their children to boarding schools away from their homelands. [FN221] In response, the Papago... |
2010 |
| 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 |
| 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 |
| 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 |
| 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 |
| Patrice H. Kunesh |
Constant Governments: Tribal Resilience and Regeneration in Changing Times |
19-FALL Kansas Journal of Law & Public Policy Pol'y 8 (Fall 2009) |
The landscape of history tells us that tribes are resilient governing institutions. They have withstood the forces of alienation and assimilation because their constancy is rooted in their culture and their land. Those forces are still afoot in dispiriting Supreme Court decisions and in the country's economic demise. Today, tribes throughout the; Search Snippet: ...a corrosive course of action using education to target American Indian children as objects of blatant cultural genocide. [FN62] In the late... |
2009 |
| Shira Kieval |
Discerning Discrimination in State Treatment of American Indians Going Beyond Reservation Boundaries |
109 Columbia Law Review 94 (January, 2009) |
Generally, federal Indian law cases focus on jurisdiction inside of Indian Country. Occasionally, however, challenges arise about the application of state law to American Indians outside of Indian Country. In 1973, and again in 2005, the Supreme Court announced that [a]bsent express federal law to the contrary, Indians going beyond reservation; Search Snippet: ...returning to a goal of rapid assimilation of American Indians. Indian children were sent to off-reservation boarding schools to receive American educations. [FN53] Legislation terminated treaties of... |
2009 |
| |
Law Review |
38 Journal of Law and Education 179 (January, 2009) |
Danielle N. Boaz, Equality Does Not Mean Conformity: Reevaluating the Use of Segregated Schools to Create a Culturally Appropriate Education for African American Children, 7 Conn. Pub. Int. L.J. 1 (2007). This article confronts the assumption that the most effective strategy for advancing minority education is school integration. It details the; Search Snippet: ...a culturally sensitive model for identifying ELLs with disabilities. The Indian Boarding School Era and its Continuing Impact on Tribal Families and... |
2009 |
| Suzianne D. Painter-Thorne |
One Step Forward, Two Giant Steps Back: How the "Existing Indian Family" Exception (Re)imposes Anglo American Legal Values on American Indian Tribes to the Detriment of Cultural Autonomy |
33 American Indian Law Review 329 (2008-2009) |
This article describes the profound changes to American Indian kinship and social structures caused when European and Anglo American legal norms were imposed on American Indian tribes without respect for Indian culture or values. Although these sovereign nations were entitled to self-determination, they were for centuries subjected to laws crafted; Search Snippet: ...table and have them recognized in laws such as the Indian Child Welfare Act. But that progress has been short-lived. State... |
2009 |
| Kurt Mundorff |
Other Peoples' Children: a Textual and Contextual Interpretation of the Genocide Convention, Article 2(e) |
50 Harvard International Law Journal 61 (Winter 2009) |
The 1948 Genocide Convention, Article 2(e) declares that the forcible transfer of children from a protected group to another group is an act that amounts to genocide when it is conducted with intent to destroy the group, as such, at least in part. Although listed co-equally with mass killing and forced sterilizations, and despite what appear; Search Snippet: ...groups. Finally, this Article highlights several programs, including the American Indian boarding school program and Australia's Aboriginal removal programs, and argues that... |
2009 |
| Matthew L.M. Fletcher |
Red Leaves and the Dirty Ground: the Cannibalism of Law and Economics |
33 American Indian Law Review 33 (2008-2009) |
[E]very breath that is in your lungs is a tiny little gift to me -The White Stripes, Dead Leaves and the Dirty Ground We cannot eat [our slaves]. Why not? There are too many of them. -William Faulkner, Red Leaves Less than a year after the stock market crash of 1929, William Faulkner moved into a dilapidated house in Mississippi. He; Search Snippet: ...States would continue to employ its vicious policy against the Indians who won in the latter nineteenth and early twentieth centuries by stealing Indian children and sending them to boarding schools to have their cultures and languages annihilated and by otherwise exploiting the lands of the resource-rich Indian communities that won. [FN71] Professor Kades argued that the most... |
2009 |
| Bethany R. Berger |
Red: Racism and the American Indian |
56 UCLA Law Review 591 (February, 2009) |
How does racism work in American Indian law and policy? Scholarship on the subject too often has assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of black-white racism, such as uses of blood quantum, as evidence of racism, or has emphasized the; Search Snippet: ...hard labor. [FN23] It was also the period of the Indian boarding schools, which separated children from their parents for years in order to kill the Indian . . . to save the man. [FN24] In case there was any... |
2009 |
| Maire Corcoran |
Rhetoric Versus Reality: the Jurisdiction of Rape, the Indian Child Welfare Act, and the Struggle for Tribal Self-determination |
15 William and Mary Journal of Women and the Law 415 (Winter, 2009) |
This note examines the rape crisis affecting Native American women today and the jurisdictional issues that affect how and whether tribes may prosecute and punish rapists. This note also examines the efficacy of the Indian Child Welfare Act (ICWA) in preventing inappropriate removal of Native children from their tribal environment. A comparison of; Search Snippet: ...Roles Notes RHETORIC VERSUS REALITY: THE JURISDICTION OF RAPE, THE INDIAN CHILD WELFARE ACT, AND THE STRUGGLE FOR TRIBAL SELF-DETERMINATION Maire... |
2009 |
| Brent T. White |
Ritual, Emotion, and Political Belief: the Search for the Constitutional Limit to Patriotic Education in Public Schools |
43 Georgia Law Review 447 (Winter, 2009) |
One sings the Marseillaise for its words, of course, but one sings it especially for the mass of emotions that it stirs in our subconscious. -Maurice Barres (1902) Young children across America begin the school day with ritualized expressions of loyalty to the United States. With hands on their hearts, they pledge allegiance to the flag of the; Search Snippet: ...Americanizing immigrants in the new urban schools and with assimilating Native American tribes by removing Indian children from their homes and placing them into state boarding schools. [FN15] Public schools were similarly used in Hawaii to... |
2009 |
| 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 |
| Valerie J. Phillips |
A Pluralistic Approach to Oppression and Latino Terra Nullius |
20 Saint Thomas Law Review 691 (Spring 2008) |
We are nations of givers dealing with nations of takers. Anonymous The real battle will be between westernized, assimilated elites within all nations, and those who refuse to assimilate. Hanna Petros I. Introduction. 691 II. Back Alley Abortions. 694 III. Cyber-Love and Getting to Praxis. 700 IV. Everything is up for Discussion . 701 This; Search Snippet: ...closed in 1914, and was the first off-reservation government boarding school intended to deal with the Indian problem by assimilating young Indians into white society. [FN19] It is now the U.S. Army... |
2008 |
| The Editorial Staff of the University of La Verne Law Review |
A Selective Bibliographic Index of Juvenile Law Publications |
30 University of La Verne Law Review 216 (November, 2008) |
The following is a selective compilation of articles published in law reviews and legal journals from 2007 through October 22, 2008, available on Westlaw and LexisNexis. Articles selected for inclusion under general topics pertain specifically to juveniles. Articles focusing on college and university law have been omitted. Each topic has been; Search Snippet: ...Amina, Comment, The Battle of Wills: The Impact of the Indian Child Welfare Act on Parents Who Make Testamentary Appointments of Guardianship for Their Indian Children, 28 J. Juv. L. 148 (2007) Monopoli, Paula A., Nonmarital... |
2008 |
| Barbara Ann Atwood |
Achieving Permanency for American Indian and Alaska Native Children: Lessons from Tribal Traditions |
37 Capital University Law Review 239 (Winter 2008) |
One of the many challenges facing the American child welfare system is the need for practices that are responsive to the unique cultural needs of the children who are placed in foster care. The goal of achieving permanent, stable placements for children in the child welfare system is an over-arching objective, but permanency is a chameleon term; Search Snippet: ...laws with contrasting approaches to permanency have particular relevance: the Indian Child Welfare Act of 1978 [FN4] (ICWA) and the Adoption and... |
2008 |
| Robert D. Cooter , Wolfgang Fikentscher |
American Indian Law Codes: Pragmatic Law and Tribal Identity |
56 American Journal of Comparative Law 29 (Winter 2008) |
The United States has recognized the power of American Indian tribes to make laws at least since 1934. Most tribes, however, did not write down many of their laws until the 1960s. Written laws have subsequently accumulated in well-organized codes, but scholars have not previously researched them. Using written materials and interviews with tribal; Search Snippet: ...although tribal law must harmonize with federal legislation, including the Indian Child Welfare Act, [FN46] Headstart, and other education-oriented legislation. [FN47... |
2008 |
| Natsu Taylor Saito |
At the Heart of the Law: Remedies for Massive Wrongs |
27 Review of Litigation 281 (Winter 2008) |
I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300; Search Snippet: ...FN65] to outlaw spiritual and cultural practices; [FN66] to strip Indian children of the connections to their families, communities and traditions in... |
2008 |
| Guadalupe T. Luna |
Cultural, Ethnic, and Religious Fragmentation |
20 Saint Thomas Law Review 622 (Spring 2008) |
I. Introduction. 622 II. Knowledge Production: The Essays. 623 III. Summary. 639 IV. Conclusion. 641; Search Snippet: ...the author targets the presentation of the heinous treatment of Indian children at the Pennsylvania based Carlisle School. [FN129] Established in 1879... |
2008 |
| Nell Clement |
Do "Reasonable Efforts" Require Cultural Competence? The Importance of Culturally Competent Reunification Services in the California Child Welfare System |
5 Hastings Race and Poverty Law Journal 397 (Summer 2008) |
With the enactment of the Adoption and Safe Families Act of 1997 (ASFA), the American child welfare system prioritized permanence. The ASFA sets a rigid time frame for attempts at family reunification and non-compliance with this time frame can result in the termination of parental rights. The ASFA approach moves away from the presumption that; Search Snippet: ...cultural community's children. However, hindsight reveals the disastrous effects these boarding schools had on Native American children, parents, and communities. [FN157] As Van Praagh writes... |
2008 |
| Ronald M. Walters |
Goodbye to Good Bird: Considering the Use of Contact Agreements to Settle Contested Adoptions Arising under the Indian Child Welfare Act |
6 University of Saint Thomas Law Journal 270 (Fall 2008) |
After two years of heated litigation, settling Christian Good Bird's contested adoption outside of the courtroom must have relieved his biological mother, tribe and adoptive parents, but the decision almost certainly generated feelings of uncertainty about what long-term effects the compromise would have on Christian as well. Indeed, Christian's; Search Snippet: ...OF CONTACT AGREEMENTS TO SETTLE CONTESTED ADOPTIONS ARISING UNDER THE INDIAN CHILD WELFARE ACT Ronald M. Walters [FN1] Copyright (c) 2009 University... |
2008 |
| C. Eric Davis |
In Defense of the Indian Child Welfare Act in Aggravated Circumstances |
13 Michigan Journal of Race and Law 433 (Spring 2008) |
The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption; Search Snippet: ...Race and Law Spring 2008 Note IN DEFENSE OF THE INDIAN CHILD WELFARE ACT IN AGGRAVATED CIRCUMSTANCES C. Eric Davis [FNa1] Copyright... |
2008 |
| Matthew L.M. Fletcher |
Indian Tribal Businesses and the Off-reservation Market |
12 Lewis & Clark Law Review 1047 (Winter 2008) |
American Indian tribes once operated regional trade centers, with broad geographical impact. With the arrival of European traders and settlers, this system began to erode, and later, the treaty and reservation system effectively eliminated the regional Indian economic market. Under the policies of measured separatism and assimilation, American; Search Snippet: ...ink on Indian treaties dried. [FN8] Various means of assimilating Indian people--allotment, boarding schools, law-and-order codes, urban relocation, termination, forced-fee... |
2008 |
| Allison M. Dussias |
Indigenous Languages under Siege: the Native American Experience |
3 Intercultural Human Rights Law Review Rev. 5 (2008) |
It's soul-satisfying to be able to read and speak your own language. -- Richard Littlebear, Northern Cheyenne [L]anguage is so important, because it is one thing that we can keep alive, that can never change. If we're able to keep our language going, we'll be able to pass on knowledge, from generation to generation. Without it, we're going to lose; Search Snippet: ...Native American children. The government ran its own schools for Native American children, including both on-reservation schools and off-reservation boarding schools. The government also provided funding for so-called contract... |
2008 |
| Jon Reyhner |
Promoting Human Rights Through Indigenous Language Revitalization |
3 Intercultural Human Rights Law Review 151 (2008) |
The National Geographic Society's Enduring Voices project notes that about every two weeks another language dies, taking millennia of human knowledge and history with it. Writing in The Wall Street Journal, John J. Miller declared that the increasing pace of language death is a trend that is arguably worth celebrating . . . [because] age-old; Search Snippet: ...bloodiest war where both the north and south spoke English. Indian schools were to be the instrument of obliterating Indian languages to end differences in the same way public schools... |
2008 |
| Kristen A. Carpenter |
Real Property and Peoplehood |
27 Stanford Environmental Law Journal 313 (June, 2008) |
This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unwilling to confront the uncomfortable truth that; Search Snippet: ...massacres of people engaged in religious dances, federal laws criminalizing Indian religious practices, federally funded programs assigning Christian missionaries to reservations, the removal of Indian children from their families to Christian boarding schools, and other programs tied closely to the federal project assimilating American Indians. [FN292] Congress officially repudiated the federal assimilation policy in 1934... |
2008 |
| Daniel E. Witte, Paul T. Mero |
Removing Classrooms from the Battlefield: Liberty, Paternalism, and the Redemptive Promise of Educational Choice |
2008 Brigham Young University Law Review 377 (2008) |
Utah's new school voucher law has meant many things to many people. For the thirty-seven percent of our Hispanic and African- American public-school students who do not graduate with a high-school diploma, Utah's voucher law represented a sense of hope and opportunity. For opponents of educational choice, the voucher law is un-American and a threat; Search Snippet: ...publicity campaigns and espouse policies based upon the premise that Indians could only become literate and civilized through removal of Indian children from their Indian parents and instruction in off-reservation boarding schools controlled by white federal government officials. [FN33] The objective was not simply (or perhaps even primarily) to educate Indian children, but to permanently control and transform indigenous societies in ways... |
2008 |
| Lorie M. Graham |
Reparations, Self-determination, and the Seventh Generation |
21 Harvard Human Rights Journal 47 (Winter 2008) |
In each deliberation, we must consider the impact of our decisions on the next seven generations. --Great Law of the Haudenosaunee [T]he grandmothers and grandfathers . . . thought about us as they lived, confirmed in their belief of a continuing life . . . . --Simon Ortiz, Poet and Writer Indigenous teachings on law and family help define our; Search Snippet: ...message as we reflect upon the thirtieth anniversary of the Indian Child Welfare Act of 1978 (ICWA) [FN3] and look to the... |
2008 |
| T.S. Twibell |
Rethinking Johnson V. M'intosh (1823): the Root of the Continued Forced Displacement of American Indians Despite Cobell V. Norton (2001) |
23 Georgetown Immigration Law Journal 129 (Fall, 2008) |
The accepted principle of governing the discovery of barbarous countries by civilized people is that discovery gave the state by whose subjects or by whose authority it was made the exclusive right to settle, possess, and govern the new land and the absolute title to the soil, subject to certain right of occupancy only in the natives . when the; Search Snippet: ...from families. There had always been instances of kidnappings of Indian children by the Anglos, but the practice returned with a new... |
2008 |
| Suzanne Koepplinger |
Sex Trafficking of American Indian Women and Girls in Minnesota |
6 University of Saint Thomas Law Journal 129 (Fall 2008) |
The views represented in this article are those of the author. The terms American Indian, Native American, and Indian will be used interchangeably. The Minnesota Indian Women's Resource Center (MIWRC), in partnership with several culturally based non-profit service providers in the state, recently began investigating anecdotal reports of; Search Snippet: ...Indian communities suffer from FAS or PFAS. Christian Alliance for Indian Child Welfare, Fetal Alcohol Spectrum Disorder: Incidence of Alcohol Abuse in... |
2008 |
| 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 |