| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| Kristen A. Carpenter |
Interpreting Indian Country in State of Alaska V. Native Village of Venetie |
35 Tulsa Law Journal 73 (Fall, 1999) |
I think that the [Alaska Native Claims Settlement Act] will never fully to the extent advocate and stand individually for the real Native part of us. I think that ANCSA is not totally Native. It is written in the Western-adopted ways, and that it has that business nature where the land is collateral, just like a car or anything. Anyone, in one way; Search Snippet: ...Determination Act (1974), [FN373] Indian Financing Act (1974), [FN374] the Indian Child Welfare Act (1978), [FN375] the Indian Tribal Justice Act (1993... |
1999 |
|
| Robert B. Porter |
Legalizing, Decolonizing, and Modernizing New York State's Indian Law |
63 Albany Law Review 125 (1999) |
The Indian Law, although a part of the scheme of general laws, is but a collection of special statutes relating to the several tribes of Indians remaining in the state. Following this plan an examination has been made of all statutes relating to Indians, and such as were found to be unrepealed but superceded or obsolete have been placed in the; Search Snippet: ...Reservations [FN61] and, in 1855, it established the State's first Indian boarding school. [FN62] Also during this time, the State Board of... |
1999 |
|
| Alexis A. Lury |
Official Insignia, Culture, and Native Americans: an Analysis of Whether Current United States Trademark Law Should Be Changed to Prevent the Registration of Official Tribal Insignia |
1 Chicago-Kent Journal of Intellectual Property 137 (Fall, 1999) |
The United States is a multinational and multicultural country. As such, the United States must constantly balance the interests of the numerous cultural, ethnic, political and racial groups that exist within its borders. However, differences exist even within each of these groups. Of particular concern to the United States and its people are the; Search Snippet: ...established by a former military officer. Its philosophy of separating Indian children totally from their Indian environment and forcing them to adopt white ways became the basis for a widescale [sic] boarding school movement that eventually removed thousands of Indian children from their cultural settings and families Everything Indian came under attack. Indian feasts, languages, certain marriage practices, dances... |
1999 |
|
| Sandra C. Ruffin |
Postmodernism, Spirit Healing, and the Proposed Amendments to the Indian Child Welfare Act |
30 McGeorge Law Review 1221 (Summer, 1999) |
There is only one child and her name is Children A Native American Saying Nothing in this article is true; it's just the way things are. The suicide rate among Indian youths is twice the national average. Social scientists directly attribute this aggravated rate to the identity crisis resulting from Indian children being raised outside of their; Search Snippet: ...Article POSTMODERNISM, SPIRIT HEALING, AND THE PROPOSED AMENDMENTS TO THE INDIAN CHILD WELFARE ACT Sandra C. Ruffin [FNa1] Copyright (c) 1999 McGeorge... |
1999 |
Yes |
| Dean B. Suagee |
The Cultural Heritage of American Indian Tribes and the Preservation of Biological Diversity |
31 Arizona State Law Journal 483 (Summer, 1999) |
Table of Contents I. Introduction. 485 II. Tribal Self-Government in the United States. 490 A. Foundation Principles. 492 1. Inherent Tribal Sovereignty. 492 2. Reserved Tribal Rights. 493 3. Trust Responsibility. 494 4. Plenary Power of Congress. 495 B. Vacillations in Federal Policy. 495 C. The Self-Determination Era. 497 D. Is a Human Rights; Search Snippet: ...era featured a variety of other programs designed to force Indians to become assimilated, including taking Indian children away from their families and educating them at distant boarding schools. See id. See generally Judith V. Royster, The Legacy... |
1999 |
|
| Robert B. Porter |
The Demise of the Ongwehoweh and the Rise of the Native Americans: Redressing the Genocidal Act of Forcing American Citizenship upon Indigenous Peoples |
15 Harvard BlackLetter Law Journal 107 (Spring, 1999) |
Most usually, they are incorporated with the victorious nation, and become subjects or citizens of the government with which they are connected. The new and old members of the society mingle with each other; the distinction between them is gradually lost, and they make one people. Can we fulfill the promise of America by embracing all our citizens; Search Snippet: ...of the Indian Apocalypse: convert the Indians to Christianity, force Indian children to obtain Western education, allot tribal common lands to individual... |
1999 |
|
| 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 |
|
| Robert B. Porter |
A Proposal to the Hanodaganyas to Decolonize Federal Indian Control Law |
31 University of Michigan Journal of Law Reform 899 (Summer 1998) |
In this Article, cast in the form of a letter to President William Jefferson Clinton, Professor Porter argues for the decolonization of federal Indian control law. After detailing the religious and colonialist roots of early Supreme Court decisions dealing with the Indian nations and giving an overview of the evolution of federal Indian policy,; Search Snippet: ...authority to establish a wide variety of assimilating institutions within Indian reservation communities, such as Western judicial and law enforcement systems, boarding schools, and mission schools. [FN187] As Congress was asserting federal... |
1998 |
|
| Robert B. Porter |
Building a New Longhouse: the Case for Government Reform Within the Six Nations of the Haudenosaunee |
46 Buffalo Law Review 805 (Fall, 1998) |
L1-2Introduction 806. I. What is the Current State of Haudenosaunee Governance?. 814 A. Acceptance of the Gayanashagowa and Establishment of the Confederacy. 814 B. Transformation and Americanization. 821 C. Dysfunction and the Modern Era. 844 II. What are the Reasons for Haudenosaunee Governmental Dysfunction?. 889 A. The Change in Haudenosaunee; Search Snippet: ...later, in 1855, for the establishment of the State's first boarding schoolthe Thomas Asylum for Orphan and Destitute Indian Children. [FN74] The State Board of Charities was established to care... |
1998 |
|
| Daniel E. Witte |
Getting a Grip on National Service: Key Organizational Features and Strategic Characteristics of the National Service Corps (Americorps) |
1998 Brigham Young University Law Review 741 (1998) |
Of all the initiatives and programs that President Bill Clinton has supported during his Administration, the National Service Corps (sometimes referred to as AmeriCorp, but hereinafter also referred to as the Corps) is arguably the program that the President regards as the most important and personally fulfilling, as well as the most; Search Snippet: ...my analysis concerning Native American parental rights issues and the Indian Child Welfare Act, 25 U.S.C. §§ 1901 1963 (1994) ; Paul D... |
1998 |
|
| Alan R. Velie |
Indian Identity in the Nineties |
23 Oklahoma City University Law Review 189 (Spring-Summer 1998) |
In this Article, the author addresses how Indians in America identify themselves and how that identification differs from non-Indians' conceptions. For many Indians today, Indianness is a matter of history and of participating in traditional cultural activities, rather than merely being enrolled in a tribe or being a certain blood quantum; Search Snippet: ...ironic that when the U.S. government tried to stamp out Indian languages by shipping Indian children to boarding schools and forbidding them to speak them, the children defied... |
1998 |
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| Antonia Castañeda |
Language and Other Lethal Weapons: Cultural Politics and the Rites of Children as Translators of Culture |
19 Chicano-Latino Law Review 229 (Spring 1998) |
Dile que no puedo respirar--que se me atora el aire. Dile. . . How do I say atora ? Tell your mother that she has to stop and place this hose in her mouth and press this pump or else she will suffocate. ?Qué dice? ?Qué dice? He is sitting behind this big desk, and my mother was sitting beside me and holding onto my hand very tightly. I. ; Search Snippet: ...girls who worked in the homes of soldiers and settlers. Indian children, in particular, were often captured, traded, or sold into slavery... |
1998 |
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| David M. Osterfeld |
Plastic Indians, Nazis, and Genocide: a Perspective on America's Treatment of Indian Nations |
22 American Indian Law Review 623 (1998) |
Ward Churchill, Indians are Us? Culture and Genocide in Native North America, Common Courage Press, 1994 $14.95 Sizzling the moisture laden air, the hot summer sun creates a sticky incumbrance on human skin. As the wind whistles through the drooping power lines which plague the reservation like a swarm of locusts, damp creosote and sagebrush mix,; Search Snippet: ...for German expansion). (pp. 28 & 36). 2.) Compulsory transfer of Indian children from their families to euroamerican families and the sterilization of... |
1998 |
|
| Matthew Atkinson |
Red Tape: How American Laws Ensnare Native American Lands, Resources, and People |
23 Oklahoma City University Law Review 379 (Spring-Summer 1998) |
In this Article, the author discusses America's heritage of taking land from Native Americans--a heritage that continues today. The author explains that beginning with the Indian Removal Act in 1830 and the General Allotment Act in 1887, Congress has consistently passed legislation which either takes land from Native Americans or has the effect of; Search Snippet: ...at the neck of America is its aggressive kidnapping of Native American children to fill boarding schools. [FN48] At these schools, which operated into contemporary lifetimes, Indian children were injured or humiliated for speaking any words from their... |
1998 |
|
| Joyce E. McConnell |
Securing the Care of Children in Diverse Families: Building on Trends in Guardianship Reform |
10 Yale Journal of Law & Feminism 29 (1998) |
I. Introduction II. Current Law: Inadequately Meeting Needs of Diverse Favilies and Their Children A. Continuum of Transferred Rights B. Traditional Guardianship 1. Basic Principles of Legal Parents' Natural Guardianship Rights 2. Testamentary Appointment of Guardian C. Nontraditional Guardianship: Standby Guardianship D. Coguardianship E. Power of; Search Snippet: ...feature of this federal policy was the practice of removing Indian children from their families and tribes for assimilation purposes. [FN112] Some were placed in boarding schools, far from their reservations, [FN113] and others were placed in non- Indian adoptive homes. [FN114] Recognizing the devastation that this federal policy... |
1998 |
|
| Lorie M. Graham |
The past Never Vanishes: a Contextual Critique of the Existing Indian Family Doctrine |
23 American Indian Law Review Rev. 1 (1998) |
Here I walk the road of beauty with my little one as we wear beautiful, beaded moccasins. Let the sunrays be on us, among the carpeted colors of flowers. My child and I will be recognized by our little tiny friends - animals, birds, and butterflies. My child and I will touch the clear water of coolness in the stream as we live. Ha ho ya tahey. My; Search Snippet: ...made rules that seek to limit the reach of the Indian Child Welfare Act of 1978 (ICWA). [FN2] Congress passed the ICWA... |
1998 |
|
| 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 |
|
| Bethany Ruth Berger |
After Pocahontas: Indian Women and the Law, 1830 to 1934 |
21 American Indian Law Review Rev. 1 (1997) |
I. Introduction. 2 II. The Nineteenth Century and Indian Women: Federal Indian Policy and the Cult of True Womanhood. 6 III. Federal and State Governments and Indian Women: As Themselves, as Mothers, and as Wives. 12 A. The Beginning: Ladiga's Heirs and Indian Women in Their Own Right. 12 B. Indian Women as Wives and Mothers: Intermarriage and; Search Snippet: ...desert or semidesert. [FN28] The second step was cultural education Indian children were to be removed from their parents, purged of the... |
1997 |
|
| Verna C. Sánchez |
All Roads Are Good: Beyond the Lexicon of Christianity in Free Exercise Jurisprudence |
8 Hastings Women's Law Journal 31 (Winter 1997) |
I studied under Grandpa Fools Crow, a Lakota holy man. He said never bad-mouth anybody, never be envious or jealous of anybody; if you are; you won't be on the right road yourself, cause all roads are good. --Abe Conklin Thou shalt have no other gods before me . . . for I the Lord thy God am a jealous God . . . . --Exodus I am the way, the truth,; Search Snippet: ...for example, the United States government continued to ban any Indian dances or feasts, and Indian children were forcibly removed from their families and sent to boarding schools, where church service was mandatory. [FN149] The official right... |
1997 |
|
| Carl G. Hakansson |
Allotment at Pine Ridge Reservation: its Consequences and Alternative Remedies |
73 North Dakota Law Review 231 (1997) |
Since European settlers first arrived in America, they have been faced with the dilemma of how to deal with the Native American Indians. In the United States, following colonial independence from England, the Constitution put Indian affairs in the hands of the federal government. The power of Congress to regulate commerce with the tribes and the; Search Snippet: ...begin the assimilation process as early as possible by sending Indian children to boarding schools, thus denying parents any opportunity to nurture their children... |
1997 |
|
| Richard J. Ansson, Jr. |
American Indian Legal History and the American Indian Woman |
21 American Indian Law Review 205 (1997) |
Changing Woman. By Karen Anderson. Oxford: Oxford University Press. 1996. Pp. 291. Changing Woman, by Karen Anderson, is a perspicuous book that yields a profoundly thorough, yet astoundingly thoughtful, insight into the historical aspects of federal Indian policy and the residual effect those policies have had on American Indian women; Search Snippet: ...the government sought to control the behavior of young American Indian children. Indeed, arguing that boarding schools were essential to acculturation, government officials began placing Indian children in such schools (p. 46). Young women, when the government... |
1997 |
|
| Allison M. Dussias |
Ghost Dance and Holy Ghost: the Echoes of Nineteenth-century Christianization Policy in Twentieth-century Native American Free Exercise Cases |
49 Stanford Law Review 773 (April, 1997) |
In the late nineteenth century, Native Americans were the subject of a United States government Christianization policy that attempted, with the help of Christian churches, to convert Native Americans to Christianity by assigning reservations to Christian groups for proselytization purposes and by suppressing Native American religious beliefs and; Search Snippet: ...enterprise of rescuing from lives of barbarism and savagery these Indian children, and conferring upon them the benefits of an educated civilization... |
1997 |
|
| Jennifer L. Walters |
In re Elliott: Michigan's Interpretation and Rejection of the Existing Indian Family Exception to the Indian Child Welfare Act |
14 Thomas M. Cooley Law Review 633 (Michaelmas Term, 1997) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) as a result of the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people. This legislation's policy is to protect the best interests of Indian children and to promote the stability and security of Indian; Search Snippet: ...AND REJECTION OF THE EXISTING INDIAN FAMILY EXCEPTION TO THE INDIAN CHILD WELFARE ACT [FN2] Jennifer L. Walters Copyright (c) 1997 Thomas... |
1997 |
Yes |
| Rebecca Tsosie |
Negotiating Economic Survival: the Consent Principle and Tribal-state Compacts under the Indian Gaming Regulatory Act |
29 Arizona State Law Journal 25 (Spring, 1997) |
I. Introduction. 26 II. Historical Look at the Consent Principle. 29 III. The Contemporary Application of the Consent Principle. 33 A. Negotiated Agreements Between States and Tribes in Natural Resources Disputes. 34 B. The Indian Gaming Regulatory Act and the Consent Principle. 43 1. The Nature of Tribal Gaming Rights. 43 2. The Impact of the IGRA; Search Snippet: ...divided among several reservations where they could be subdued. [FN27] Indian children were sent to distant boarding schools and forbidden to speak their native languages. [FN28] The federal government authorized Christian missionaries to serve... |
1997 |
|
| Robert B. Porter |
Strengthening Tribal Sovereignty Through Peacemaking: How the Anglo-american Legal Tradition Destroys Indigenous Societies |
28 Columbia Human Rights Law Review 235 (Winter 1997) |
Three Killed in Gunbattle Triggered by Seneca Feud --Headline, The Buffalo News State Court jurisdiction over the type of internal dispute present here would set a dangerous precedent that could severely undermine the (Seneca) Nation's sovereignty, usurp the authority of the Nation's courts, and erode the power of the Nation's leaders to govern for; Search Snippet: ...population. [FN163] Official federal government action, including the establishment of boarding schools, police agencies, and prisons also took place as means of ensuring native assimilation as quickly as possible. [FN164] One of the most... |
1997 |
|
| Charmel L. Cross |
The Existing Indian Family Exception: Is it Appropriate to Use a Judicially Created Exception to Render the Indian Child Welfare Act of 1978 Inapplicable? |
26 Capital University Law Review 847 (1997) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) in response to the unusual frequency with which Native American children were being separated from their families and tribes through adoption and foster care placement. Congress was concerned about the consequences of such a disproportionate removal rate, and the ICWA was recognition; Search Snippet: ...APPROPRIATE TO USE A JUDICIALLY CREATED EXCEPTION TO RENDER THE INDIAN CHILD WELFARE ACT OF 1978 INAPPLICABLE? Charmel L. Cross Copyright ©... |
1997 |
Yes |
| B. J. Jones |
The Indian Child Welfare Act: in Search of a Federal Forum to Vindicate the Rights of Indian Tribes and Children Against the Vagaries of State Courts |
73 North Dakota Law Review 395 (1997) |
The Indian Child Welfare Act (ICWA) was enacted by Congress in 1978 to curtail the massive removal (primarily by state agencies and courts) of Indian children from their homes. ICWA was also an attempt to assure that those children, who must be removed, be placed in homes that reflect their unique cultures and traditions. ICWA strives to accomplish; Search Snippet: ...NORTH DAKOTA LAW REVIEW North Dakota Law Review 1997 THE INDIAN CHILD WELFARE ACT: IN SEARCH OF A FEDERAL FORUM TO VINDICATE... |
1997 |
Yes |
| 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 |
|
| Dr. Cynthia Price Cohen |
Development of the Rights of the Indigenous Child under International Law |
9 Saint Thomas Law Review 231 (Fall 1996) |
In 1994, the United Nations dedicated the ten-year period starting December 10, 1994, as the Decade of the World's Indigenous People. At the end of the decade, children who were born during the International Year for the World's Indigenous People (1993) will be approaching puberty, while those who were pre-teens that year will have become young; Search Snippet: ...situations similar to those in the United States in which Indian children were sent to distant boarding schools or adopted by non- Indian families. [FN111] Article 11 addresses the protection of indigenous people... |
1996 |
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| Betty Pfefferbaum, Rennard Strickland, Everett R. Rhoades, Rose L. Pfefferbaum |
Learning How to Heal: an Analysis of the History, Policy, and Framework of Indian Health Care |
20 American Indian Law Review 365 (1995-1996) |
C1-3Table of Contents I. Introduction. 366 II. New Diseases and Minimal Intervention: Pre-Nineteenth Century. 367 III. Government Intervention: Nineteenth Century. 368 IV. Health as a Priority: Early Twentieth Century. 373 V. The Beginnings of Public Health Practices: 1921 to 1954. 376 VI. Official Transfer to the Public Health Service: 1955. 380; Search Snippet: ...seemed to be a reasonable and feasible alternative. Although the boarding school system is often condemned for its role in the civilization of Indians, critics have not offered a satisfactory substitute for this means of educating Indian children. Unfortunately, the assemblage of young individuals fostered local epidemics, a... |
1996 |
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| Daniel E. Witte |
People V. Bennett: Analytic Approaches to Recognizing a Fundamental Parental Right under the Ninth Amendment |
1996 Brigham Young University Law Review 183 (1996) |
C1-3Table of Contents I. INTRODUCTION. 186 II BACKGROUND: THE HISTORICAL EVOLUTION OF UNITED STATES PARENTAL RIGHTS JURISPRUDENCE. 190 A. English and Early American Common Law Pertaining to Parental Rights. 190 B. Analysis of Parental Rights Under the Constitution. 193 C. Emergence of an Alternative Education Subculture. 195 III. PEOPLE V. BENNETT; Search Snippet: ...the detriment of a loving and nurturing family situation . Native Americans have explained how public education was used as a tool in the United States campaign to undermine Native American culture: [T]he fall of each year was pretty similar... |
1996 |
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| Christine Metteer |
Pigs in Heaven: a Parable of Native American Adoption under the Indian Child Welfare Act |
28 Arizona State Law Journal 589 (Summer, 1996) |
For eighteen years the Indian Child Welfare Act (ICWA) has provided protection against the removal of Indian children from their Indian culture. Such protection is afforded not only to Indian children and Indian parents, but also, and of equal importance, to Indian tribes. However, a recent California case, In re Bridget R., has raised questions; Search Snippet: ...IN HEAVEN: A PARABLE OF NATIVE AMERICAN ADOPTION UNDER THE INDIAN CHILD WELFARE ACT Christine Metteer [FNa1] Copyright (c) 1996 by the... |
1996 |
Yes |
| Anastasia P. Winslow |
Sacred Standards: Honoring the Establishment Clause in Protecting Native American Sacred Sites |
38 Arizona Law Review 1291 (Winter, 1996) |
L1-2Introduction 1292. M5I. Christian and Native American Religions Compared. 1294 A. On God. 1295 B. On Human Nature. 1297 C. On the Environment. 1297 D. On Time and Space. 1298 E. On Individuality. 1299 F. On Substance Use. 1299 G. On Universal Truths. 1301 II. Traditional Establishment Clause Rules and Their Application to Native American Sacred; Search Snippet: ...with a principal aim being their conversion to Christianity. [FN159] Native American children were removed from their homes, forced to attend church services, and sent to Christian boarding schools supported with federal funds and staffed with teachers supplied... |
1996 |
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| Carol Sanger |
Separating from Children |
96 Columbia Law Review 375 (March, 1996) |
I. Introduction. 376 II. The Social History of Maternal Presence. 388 A. Regulating Separations: An Historical Overview. 389 1. Exposure, Oblation, and Abandonment. 390 2. Wet-Nursing. 395 3. Apprenticeships. 396 B. Inventing the Virtue: The Nineteenth Century. 399 C. The Grand Prerogative Today. 409 III. Reconsidering Separations. 420 A; Search Snippet: ...see Sanger, supra note 172, at 317, secondary schools for Native American children were provided only off reservations, see Margaret Connell Szasz, Federal Boarding Schools and the Indian Child: 19201960, in Growing Up in America: The Child in... |
1996 |
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| Robert J. Miller , Maril Hazlett |
The "Drunken Indian": Myth Distilled into Reality Through Federal Indian Alcohol Policy |
28 Arizona State Law Journal 223 (Spring, 1996) |
[I]f it be the Design of Providence to extirpate these Savages in order to make room for Cultivators of the Earth, it seems not improbable that Rum may be the appointed Means. Benjamin Franklin I. Introduction: Myth of the Drunken Indian Versus the Reality. 225 II. Theories on Indian Alcohol Use. 229 A. Biologic or Genetic Predisposition. 229 B; Search Snippet: ...factors leading to alcohol abuse include lack of education, poverty, Indian child welfare practices, religious persecution, destructive educational practices, and the introduction... |
1996 |
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| Christine D. Bakeis |
The Indian Child Welfare Act of 1978: Violating Personal Rights for the Sake of the Tribe |
10 Notre Dame Journal of Law, Ethics & Public Policy 543 (1996) |
To live under the American Constitution is the greatest political privilege that was ever accorded to the human race. One of the promises of the American Constitution is that states will not enforce any law that abridges a citizen's privileges. The American Constitution also guarantees that states will not deprive any person of life, liberty, or; Search Snippet: ...Public Policy 1996 Symposium on Law and the Family THE INDIAN CHILD WELFARE ACT OF 1978: VIOLATING PERSONAL RIGHTS FOR THE SAKE... |
1996 |
Yes |
| Alana J. DeGarmo |
The Indian Child Welfare Act: its Impact on Unknowing Adoptive Parents |
17 Journal of Juvenile Law 32 (1996) |
The Indian Child Welfare Act (hereinafter ICWA or Act) was enacted in 1978, giving members of Native American tribes the right to adopt their members' children before those children can be placed in non-Indian homes. The law was passed in response to a long history of religious groups and well-meaning agencies separating Indian children from; Search Snippet: ...LAW Journal of Juvenile Law 1996 Note and Comment THE INDIAN CHILD WELFARE ACT: ITS IMPACT ON UNKNOWING ADOPTIVE PARENTS Alana J... |
1996 |
Yes |
| 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 |
Yes |
| 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 |
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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 |
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| Ralph W. Johnson , Berrie Martinis |
Chief Justice Rehnquist and the Indian Cases |
16 Public Land Law Review Rev. 1 (1995) |
Since his appointment to the United States Supreme Court, Chief Justice William H. Rehnquist has guided significant changes in Indian law. He has articulated new tests for determining the status of tribes and their powers as sovereign nations. He has voted to disestablish tribes and limit their sovereign powers. He has voted to allow states to; Search Snippet: ...Civil War, and were subject to extreme discrimination after it. Indians were forcibly removed from their homelands, required to move onto reservations, surrender their children to boarding schools, deny their own language and religious heritage, and be... |
1995 |
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| Angela R. Hoeft |
Coming Full Circle: American Indian Treaty Litigation from an International Human Rights Perspective |
14 Law & Inequality: A Journal of Theory and Practice 203 (December, 1995) |
L1-2Table of Contents Introduction. 204 I. From Sovereignty to Self-Determination. 209 A. The American Story. 209 1. Tribal Sovereignty: A Judicial Doctrine. 209 2. Tribal Self-Determination: A Federal Policy. 215 B. The International Story. 219 1. Self-Determination: From a Right of Nations to a Human Right 219 2. Self-Determination: A Right of; Search Snippet: ...for engaging in traditional religious practices. [FN58] Federal agents removed Indian children from their homes and placed them in boarding schools where they were often forced to adopt Christian religions... |
1995 |
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| Nell Jessup Newton |
Memory and Misrepresentation: Representing Crazy Horse |
27 Connecticut Law Review 1003 (Summer 1995) |
A grievance widely shared by many Indian people in the United States is the commercial appropriation of Indian names, images, stories, religious practices, and patterns. Seth Big Crow has invoked the Rosebud Sioux Tribal legal process to oppose one such practice, the marketing of a malt liquor named after his grandfather, a revered Lakota figure; Search Snippet: ...denominations with control over education on specific reservations; conversion of Indian children to Christianity was seen as a first step to assimilation. [FN118] Toward the end of the nineteenth century, Indian boarding schools were preferred. Youngsters would be taken by force, if... |
1995 |
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| Mary Christina Wood |
Protecting the Attributes of Native Sovereignty: a New Trust Paradigm for Federal Actions Affecting Tribal Lands and Resources |
1995 Utah Law Review 109 (1995) |
I. Introduction. 111 II. Methodology for Establishing Standards of Fiduciary Care in the Indian Trust Context. 113 A. The Beacon of Fiduciary Obligation: The Best Interest Standard. 114 1. Applicability of Private Fiduciary Standards. 114 2. Statutory Standards as Substitutes for Fiduciary Obligations. 117 3. Constitutional Standards. 121 B. The; Search Snippet: ...FN494] During this period, the government directly and brutally suppressed native religious activity on the reservations, [FN495] fueled Christian evangelical efforts in Indian Country, [FN496] and forcibly removed Indian children from their reservations to offreservation boarding schools. [FN497] While these federal efforts to eradicate native religion... |
1995 |
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| Rayanne J. Griffin |
Sacred Site Protection Against a Backdrop of Religious Intolerance |
31 Tulsa Law Journal 395 (Winter 1995) |
No chapter in human history has been so largely written in terms of persecution and intolerance as the one dealing with religious freedom. From ancient times to the present day, the ingenuity of man has known no limits in its ability to forge weapons of oppression for use against those who dare to express or practice unorthodox religious beliefs. ; Search Snippet: ...went as far as to promote the separation of young Indian children from their parents and traditional culture through the federal boarding school system. Id. at 2. . Walter Echo-Hawk, Loopholes... |
1995 |
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| Tadd M. Johnson , James Hamilton |
Self-governance for Indian Tribes: from Paternalism to Empowerment |
27 Connecticut Law Review 1251 (Summer 1995) |
This Article identifies a fundamental shift in the relationship between the federal government and American Indians heralded by the passage of the Tribal Self Governance Act. This law is an evolutionary response to the historic tension between the two main tenets of federal Indian law--Tribal Sovereignty and Federal Trust Responsibility. This; Search Snippet: ...to self-govern. Perhaps the most pernicious attempt at civilizing Indians were the Indian boarding schools. Indian children were expropriated from their homes and families to be educated... |
1995 |
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| Debra Dumontier-Pierre |
The Indian Child Welfare Act of 1978: a Montana Analysis |
56 Montana Law Review 505 (Summer 1995) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian families and to give Indian tribes a substantial role in matters concerning custody of Indian children. Through ICWA, Congress declared a national policy to keep Indian children with their families, to defer to tribal jurisdiction in child; Search Snippet: ...591898 MONTANA LAW REVIEW Montana Law Review Summer 1995 THE INDIAN CHILD WELFARE ACT OF 1978: A MONTANA ANALYSIS Debra Dumontier-Pierre Copyright (c) 1995 Montana Law Review; Debra Dumontier-Pierre Indian Children Once Young Forever Indian [FN1] I. INTRODUCTION In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian... |
1995 |
Yes |
| 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 |
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| 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 |
Yes |