| Author | Title | Citation | Summary | Year | Key Term |
| Timothy Sandefur |
WHY HAALAND v. BRACKEEN IS NOT THE END OF THE STORY |
2023 Cato Supreme Court Review 169 (2022-2023) |
The story does not end with the last word. It goes on in the silence of the mind .. I profess the conviction that there is only one story, but there are many stories in the one. --N. Scott Momaday The Indian Child Welfare Act (ICWA) is a federal law which establishes a set of rules state governments must follow in child custody proceedings... |
2023 |
|
| The Honorable Raquel Montoya-Lewis |
WHY OUR STORIES MATTER: A PERSPECTIVE ON THE RESTATEMENT FROM THE STATE BENCH |
97 Washington Law Review 713 (October, 2022) |
34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 2, 2022 I'm really thrilled and honored to be able to speak to all of you today. I did kind of come and go yesterday throughout the presentations and was really sort of star-struck by the incredible speakers that you have already heard from over the last day, and was... |
2022 |
|
| Jamie R. Abrams |
Why the Legal Strategy of Exploiting Immigrant Families Should Worry Us All |
14 Harvard Law & Policy Review 77 (Summer, 2019) |
This article applies a family law lens to explore the systemic and traumatic effects of modern laws and policies on immigrant families. A family law lens widens the scope of individuals harmed by recent immigration laws and policies to show why all families are affected and harmed by shifts in state power, state action, and state rhetoric. The; Search Snippet: ...the Emancipation Proclamation need look no further than the notorious Indian boarding schools - U.S. government or church run institutions that snatched Indigenous... |
2019 |
|
| 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 |
|
| William Bradford |
With a Very Great Blame on Our Hearts: Reparations, Reconciliation, and an American Indian Plea for Peace with Justice |
27 American Indian Law Review Rev. 1 (2002-2003) |
In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the; Search Snippet: ...in its stead. [FN204] Beginning in the late nineteenth century, Indian children were taken, often without parental or tribal consent, to boarding schools where their hair was cut, their tribal clothing exchanged... |
2003 |
|
| Catherine S. Connell , Leslie A. Hagen , Stephanie C. Knapp , Unit Chief, Child Victim Services Unit, FBI Victim Services Division, National Indian Country Training Coordinator, Office of Legal Education, Executive Office for United States Attorneys, Supe |
WORKING TOGETHER: BUILDING AND SUSTAINING A MULTIJURISDICTIONAL RESPONSE TO MISSING OR MURDERED INDIGENOUS CHILDREN AND ADOLESCENTS |
69 Department of Justice Journal of Federal Law and Practice 5 (March, 2021) |
Sadly, children, all too frequently, go missing in communities across the country, including tribal communities. A prompt, comprehensive response to these cases is critical to recovering the children and prosecuting cases if a child fell victim to a crime. Our fundamental understanding and knowledge of investigating missing person cases and the... |
2021 |
|
| Roopa Bala Singh |
YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 |
99 Denver Law Review 725 (Summer, 2022) |
Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... |
2022 |
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| |
Young Once, Indian Forever |
1 U.C. Davis Journal of Juvenile Law & Policy 16 (Fall, 1996) |
Several years ago, a young woman with a striking Navajo appearance walked into the offices of the National Indian Justice Center to inquire about her Native American heritage. For purposes of this story, call her Jane. In a soft, deliberate voice, Jane recalled the history of her young life. She had been told that her biological mother was a young; Search Snippet: ...YOUNG ONCE, INDIAN FOREVER Criticism of the Amendments to the Indian Child Welfare Act Copyright © 1996 by Regents of the University of... |
1996 |
|
| Danielle J. Larson |
You're Breaking Up: the Faulty Connection Between Congressional Intent and Supreme Court Interpretation in Adoptive Couple V. Baby Girl, 133 S. Ct. 2552 (2013) |
93 Nebraska Law Review 517 (2014) |
I. Introduction. 518 II. Background. 519 A. Legislative History of ICWA. 519 1. Indian Child Removal Pre-ICWA. 519 2. Factors Driving Removal Rates. 520 a. Physical Abuse. 520 b. Ethnocentrism. 520 c. Institutional Structure. 523 B. Overview of ICWA. 524 C. Existing Indian Family Exception. 525 D. Mississippi Band of Choctaw Indians v. Holyfield; Search Snippet: ...II. Background 519 A. Legislative History of ICWA 519 1. Indian Child Removal Pre-ICWA 519 2. Factors Driving Removal Rates 520... |
2014 |
|
| Hannah Duncan |
YOUTH ALWAYS MATTERS: REPLACING EIGHTH AMENDMENT PSEUDOSCIENCE WITH AN AGE-BASED BAN ON JUVENILE LIFE WITHOUT PAROLE |
131 Yale Law Journal 1936 (April, 2022) |
The Supreme Court has placed restrictions on courts' ability to impose life-with-out-parole sentences on juveniles. Most recently, Jones v. Mississippi underscored how existing Eighth Amendment protections fail to extend categorical protection to all juveniles. Tracing the history of intrachildhood classifications, this Note argues that Jones's... |
2022 |
|
| Subini Ancy Annamma , Jamelia Morgan |
YOUTH INCARCERATION AND ABOLITION |
45 New York University Review of Law and Social Change 471 (2022) |
The COVID-19 pandemic has laid bare the dangers of the juvenile legal system; this should make it harder to look away from the societal inequities that are exacerbated by youth incarceration. Indeed, the current moment, including the unprecedented nationwide protests in response to the murders of George Floyd and Breonna Taylor in summer 2020, has... |
2022 |
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