Author | Title | Citation | Summary | Year | Key Term |
Annette R. Appell |
Bad Mothers and Spanish-speaking Caregivers |
7 Nevada Law Journal 759 (Summer 2007) |
Children are an essential but often overlooked bounty in the regulation of race, culture, and rights. The role of children in perpetuating and enriching culture, moral value, and political power is surprisingly under-theorized in the critical literature. Indeed, there is very little discussion about child welfare in civil rights and critical race; Search Snippet: ...Native Americans Beginning in colonial times, missionaries undertook to educate Indian children into Anglo, Christian ways. [FN7] By the early 1800s, the... |
2007 |
|
Angelique Townsend Eaglewoman (Wambdi A. Wastewin ) |
Balancing Between Two Worlds: a Dakota Woman's Reflections on Being a Law Professor |
29 Berkeley Journal of Gender, Law & Justice 250 (Summer 2014) |
There were many paths I considered as a young woman and none of them included becoming a law professor. My journey to my present life as a Dakota woman law professor is about balancing between the worlds I travel back and forth in. There is my tribal world, where I feel replenished and part of an on-going community experience stretching back to; Search Snippet: ...programs such as the Johnson O'Malley [FN4] education program for Indian children in public school systems, and later directly through my tribal... |
2014 |
|
Joshua Santangelo |
BANKRUPTING TRIBES: AN EXAMINATION OF TRIBAL SOVEREIGN IMMUNITY AS REPARATION IN THE CONTEXT OF SECTION 106(A) |
37 Emory Bankruptcy Developments Journal 325 (2021) |
This Comment concerns section 106(a) of the Bankruptcy Code, which abrogates sovereign immunity of a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government. A circuit split exists as to whether this section applies to Native Nations. The Sixth Circuit interpreted this section to... |
2021 |
|
Lloyd Burton ; and David Ruppert |
Bear's Lodge or Devils Tower: Inter-cultural Relations, Legal Pluralism, and the Management of Sacred Sites on Public Lands |
8 Cornell Journal of Law & Public Policy 201 (Winter 1999) |
Seven young girls strayed from camp and were chased by bears. As the bears were about to catch them they sought refuge on a low rock about three feet in height. One girl prayed for the rock to take pity on them. As a result the rock began to grow skyward pushing the girls out of reach of the bears. The bears jumped and scratched at the rock [giving; Search Snippet: ...federal effort to obliterate tribal culture altogether. The government sent Indian children to English-only boarding schools many miles from home and family, and prohibited, under... |
1999 |
|
Martha Minow |
BEGIN WITH ADMITTING INHUMANITY |
52 Southwestern Law Review 1 (2023) |
Humanity begins with admitting inhumanity. --Abhijit Naskar What does it take to survive and move forward after your community has lost one out of every six people? Terrible questions like this confront communities that have suffered massive natural disasters and wars. When the killings, torture, and rapes are at the hands of the national... |
2023 |
|
Katie L. Gojevic |
Benefit or Burden?: Brackeen V. Zinke and the Constitutionality of the Indian Child Welfare Act |
68 Buffalo Law Review 247 (January, 2020) |
Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian traditions and, in general, their entire Indian way of life is smothered . [Agencies] strike at the heart of Indian communities by literally stealing Indian children. This course can only weaken rather than strengthen the Indian; Search Snippet: ...OR BURDEN?: BRACKEEN v. ZINKE AND THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT Katie L. Gojevic Copyright © 2020 by Buffalo Law Review; Katie L. Gojevic Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian... |
2020 |
Child Welfare |
Glennas'ba Augborne Arents , April E. Olson |
BENT, BUT NOT BROKEN |
57-AUG Arizona Attorney 62 (July/August, 2021) |
There is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to. --Judge James Dennis, Brackeen v. Haaland On April 6, 2021, after waiting 14 months to learn whether the Indian Child Welfare Act (ICWA) would survive, the United... |
2021 |
|
Lisa L. Atkinson |
Best Interest of the Child |
58 Judges' Journal J. 6 (Winter, 2019) |
A great general has said that the only good Indian is a dead one, and that high sanction of his destruction has been an enormous factor in promoting Indian massacres. In a sense, I agree with the sentiment, hut only in this: that all the Indian there is in the race should be dead. Kill the Indian in him, and save the man. --Carlisle Indian School; Search Snippet: ...and that we have a direct interest in protecting our Indian children who are members of, eligible for membership, or descendants of... |
2019 |
|
Meera E. Deo, JD, PhD |
BETTER THAN BIPOC |
41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) |
Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... |
2023 |
|
Amy Reavis |
BETTER TOGETHER: TOWARD ENDING STATE REMOVAL OF SUBSTANCE-EXPOSED NEWBORNS FROM THEIR PARENTS |
46 New York University Review of Law and Social Change 362 (2022) |
The United States' child welfare system has long been an emperor with no clothes. The stated mission of the federal Children's Bureau is to strengthen families, prevent child abuse and neglect, and ensure permanency for children. This mission is impossible to critique in the abstract. But the reality is that this behemoth of a system--operating... |
2022 |
|
David Smolin |
BEYOND APOLOGIES: CHILDREN, MOTHERS, RELIGIOUS LIBERTY, AND THE MISSION OF THE CATHOLIC CHURCH |
53 Cumberland Law Review 101 (2022-2023) |
Fulton v. City of Philadelphia was a rare unanimous United States Supreme Court victory for religious liberty within the contentious space of religious liberty in conflict with LGBTQ+ rights and equality. The case also provided a unanimous stamp of approval from the Supreme Court for the work of Catholic Social Services (CSS) with vulnerable... |
2023 |
|
Mitchell Forbes |
BEYOND INDIAN COUNTRY: THE SOVEREIGN POWERS OF ALASKA TRIBES WITHOUT RESERVATIONS |
40 Alaska Law Review 171 (June, 2023) |
The Alaska Native Claims Settlement Act of 1971 (ANCSA) devised a land entitlement system markedly different from the Indian reservation system that prevailed in the Lower 48 states. It directed the creation of twelve, for-profit Alaska Native regional corporations and over 200 private, for-profit Alaska Native village corporations, which would... |
2023 |
|
William Bradford |
Beyond Reparations: an American Indian Theory of Justice |
66 Ohio State Law Journal L.J. 1 (2005) |
It is perhaps impossible to overstate the magnitude of the human injustice perpetrated against American Indian people: indeed, the severity and duration of the harms endured by the original inhabitants of the U.S. may well rival those suffered by any other group past or present, domestic or international. While financial reparations for certain; Search Snippet: ...in its stead. [FN150] Beginning in the late nineteenth century, Indian children were spirited off to boarding schools where their hair was cut, their tribal clothing was... |
2005 |
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Lara Roetzel , Tifanie Petro , Erica Ramstad |
Beyond the Cages: Sex Trafficking in South Dakota |
64 South Dakota Law Review 346 (2019) |
In each state and country, sex trafficking looks different. In South Dakota, a state of approximately 885,000 people, sex trafficking looks especially unique because the population is dispersed across small, rural communities. The state is also home to nine Native American reservations and five of the poorest counties in the nation, where; Search Snippet: ...to sex trafficking. [FN81] The trafficking and sexual abuse of Native Americans in South Dakota can be traced back to Indian boarding schools scattered throughout the state in the 1900s after children... |
2019 |
|
Natsu Taylor Saito |
Beyond the Citizen/alien Dichotomy: Liberty, Security, and the Exercise of Plenary Power |
14 Temple Political & Civil Rights Law Review 389 (Spring, 2005) |
[Since the attacks of September 11, 2001, t]here has been much talk about the need to sacrifice liberty for security. In practice, however, the government has most often at least initially sacrificed noncitizens' liberties while retaining basic protections for citizens. This is a politically tempting way to mediate the tension between liberty and; Search Snippet: ...other gross injustices, the forced removal of generations of American Indian children from their families and their imprisonment in boarding schools; [FN50] the involuntary sterilization of staggering numbers of women of child-bearing age by the Bureau of Indian Affairs' Indian Health Services; [FN51] the leasing of the most profitable native land and mineral resources at prices dramatically below market value... |
2005 |
|
Bethany R. Berger |
Birthright Citizenship on Trial: Elk V. Wilkins and United States V. Wong Kim Ark |
37 Cardozo Law Review 1185 (April, 2016) |
In the summer of 2015, the majority of Republican candidates for president announced their opposition to birthright citizenship. The constitutional dimensions of that right revolve around two cases decided at the end of the nineteenth century, Elk v. Wilkins (1884) and United States v. Wong Kim Ark (1898). The first held that an American Indian man; Search Snippet: ...of individualism and freedom. [FN25] In the name of freeing Indians from the shackles of tribalism, federal officials governed the minutiae of reservation life, charting how many Indians wore citizen's dress and how many acres they farmed, [FN26] and removed Indian children to boarding schools, circulating photographs showing their transformation from savagery to civilization... |
2016 |
|
Sonia M. Gipson Rankin |
Black Kinship Circles in the 21 Century: Survey of Recent Child Welfare Reforms and How it Impacts Black Kinship Care Families |
12 Whittier Journal of Child and Family Advocacy 1 (Spring, 2013) |
The Black American community has been celebrated for the historical success of kinship care. Children not living with biological parents are enveloped by relatives, friends, and community members in order to create a resilient people often reared in the harshest of American socio-economic conditions. Our federal government, states, and communities; Search Snippet: ...plays in the development of a child would be the Indian Child Welfare Act of 1978 ( 25 U.S.C. §§ 1901 1963 (1978... |
2013 |
Child Welfare |
Craig J. Dorsay , Partner, Dorsay & Easton LLP |
Blood Quantum Issues and Other Challenges for Tribal Attorneys and Their Clients |
2013 Aspatore 5293044 (October, 2013) |
The Indian Self-Determination Education Assistance Act of 1975 (ISDEAA) essentially crystallized a requirement that tribes have formal membership regulations to receive federal benefits/services. Before that time, the provision of federal services was not dependent upon tribes being federally recognized. For example, the members of one of the; Search Snippet: ...Advisory Council, in Washington, under state rules, and the Local Indian Child Welfare Advisory Committee (LICWAC). Also, the Indian Child Welfare Act of 1978 has a couple of provisions that... |
2013 |
|
Patrice H. Kunesh |
Borders Beyond Borders -- Protecting Essential Tribal Relations off Reservation under the Indian Child Welfare Act |
42 New England Law Review 15 (Fall 2007) |
Abstract: The year 2008 marks the thirtieth anniversary of the enactment of the Indian Child Welfare Act (ICWA), one of the most dynamic pieces of legislation in the field of federal Indian affairs, which irrevocably changed the traditional jurisdictional prerogatives of states in child custody matters. ICWA's jurisdictional scheme vests exclusive; Search Snippet: ...BEYOND BORDERS -- PROTECTING ESSENTIAL TRIBAL RELATIONS OFF RESERVATION UNDER THE INDIAN CHILD WELFARE ACT Patrice H. Kunesh [FNa1] Copyright (c) 2007 New... |
2007 |
Child Welfare |
Marcia Zug |
BRACKEEN AND THE "DOMESTIC SUPPLY OF INFANTS" |
56 Family Law Quarterly 175 (2022-2023) |
In November 2022, the Supreme Court heard oral arguments in Brackeen v. Haaland. The case concerns the constitutionality of the Indian Child Welfare Act (ICWA), a statute enacted in 1978 to help keep Indian children connected to their families and culture. Most Indian child and family advocates consider ICWA a success. The Act is routinely referred... |
2023 |
|
Kirsten Matoy Carlson |
BRINGING CONGRESS AND INDIANS BACK INTO FEDERAL INDIAN LAW: THE RESTATEMENT OF THE LAW OF AMERICAN INDIANS |
97 Washington Law Review 725 (October, 2022) |
Abstract: Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This... |
2022 |
|
Benjamin Hochberg |
Bringing Jim Thorpe Home: Inconsistencies in the Native American Graves and Repatriation Act |
13 Rutgers Race & the Law Review 83 (2012) |
Yes. That order did not come from God. Justice, That dwells with the gods below, knows no such law. I did not think your edicts strong enough To overrule the unwritten unalterable laws Of God and heaven, you being only a man. The body of the greatest Native American athlete was sold in a midnight exchange for the benefit of local tourism. In; Search Snippet: ...symbol of the triumph of European-American civilization over savagery. Boarding schools took before-and-after pictures of Indian children, first arriving in tribal dress and then arrayed in the... |
2012 |
|
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 |
|
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 |
|
Juan F. Perea |
Buscando América: Why Integration and Equal Protection Fail to Protect Latinos |
117 Harvard Law Review 1420 (March, 2004) |
So you see it is up to the white population to keep the Mexican on his knees in an onion patch or in new ground. This does not mix well with education. The lessons of subordination formed the most vital part of the curriculum. The schools renewed the conquest every semester. During the 1940s, Gonzalo and Felícitas Méndez moved to Westminster,; Search Snippet: ...note 16, at 663-69; id. at 862 (discussing American Indian boarding schools). . See Carter Godwin Woodson, The Mis-Education of... |
2004 |
|
Richard Delgado ; Jean Stefancic |
California's Racial History and Constitutional Rationales for Race-conscious Decision Making in Higher Education |
47 UCLA Law Review 1521 (August, 2000) |
Richard Delgado and Jean Stefancic examine the history of racial mistreatment of citizens of color in California. Beginning with incidents of racial brutality during the early Spanish colonial period and proceeding into the present, Delgado and Stefancic reveal that California has not been the egalitarian paradise many suppose. The authors write; Search Snippet: ...FN362] Indian schools, by contrast, seem to have done the Indian children sent there very little favor. As mentioned earlier, [FN363] Spanish... |
2000 |
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|
CHAPTER 21 INDIGENOUS COMMUNITIES AND ADOPTION |
86 IUS Gentium 895 (2021) |
The following working definition of indigenous communities, peoples and nations has been suggested by Martinez Cobo: Indigenous communities, peoples and nations are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the... |
2021 |
|
|
CHAPTER 8 UNITED STATES OF AMERICA |
86 IUS Gentium 345 (2021) |
The United States of America is a federation of 50 states and the District of Columbia, each of which is a separate jurisdiction with independent responsibility for enacting legislation, providing a judicial system and for managing programmes of service provision. Family law, a matter constitutionally reserved to the states, includes issues and... |
2021 |
|
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 |
|
Larry EchoHawk |
Child Sexual Abuse in Indian Country: Is the Guardian Keeping in Mind the Seventh Generation? |
5 NYU Journal of Legislation and Public Policy 83 (2001-2002) |
When European settlers first came to the northeastern shore of America, they encountered the great Iroquois Confederacy. Through this contact, white men were intrigued and influenced by several principles of governance used by the Iroquois. One of these principles is reflected in a phrase that captures the spirit of the Iroquois's view toward; Search Snippet: ...Native American children and to bring those who sexually molest Indian children to justice. I Child Sexual Abuse in America A. Statistics... |
2002 |
|
Anita Weinberg, Lilia Valdez |
CHILD WELFARE, REASONABLE EFFORTS, AND COVID-19 |
41 Children's Legal Rights Journal 162 (2021) |
Article 19 of the United Nations Convention on the Rights of the Child (CRC) requires governments to protect children from all forms of violence, including violence in the home. At the same time, Articles 3 and 5 obligate states to respect the rights and duties of parents to care for and make decisions on behalf of their children. Although the... |
2021 |
Child Welfare |
Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli |
CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION |
41 Children's Legal Rights Journal 1 (2021) |
For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... |
2021 |
|
Danelle J. Daugherty |
Children Are Sacred: Looking Beyond Best Interests of the Child to Establish Effective Tribal-state Cooperative Child Support Advocacy Agreements in South Dakota |
47 South Dakota Law Review 282 (2002) |
Interstate child support advocacy has been streamlined to deal with the problems relating to parties residing in different jurisdictions. Although these laws recognize and call for cross-jurisdictional recognition of tribal child support orders, in practice, that mandate is not always followed. In addition, tribal courts are often on the defensive; Search Snippet: ...their languages; second, a widespread education effort utilized military-style boarding schools including punishments for behavior of a cultural nature; [FN17... |
2002 |
|
Kurt Mundorff |
Children as Chattel: Invoking the Thirteenth Amendment to Reform Child Welfare |
1 Cardozo Public Law, Policy and Ethics Journal 131 (May, 2003) |
During my fourteen months as a Child Protective Specialist for the New York City Administration for Children's Services I generally investigated two or three cases a week. I also accompanied co-workers on their home visits. Through my job, I became involved in the lives of dozens of families and hundreds of children. The Community District for; Search Snippet: ...remain the most impacted ethnic/racial group. [FN248] Interference in Native American families dates back to the colonial period, when Indian children were removed from their homes and educated in white boarding schools. [FN249] The strategy of removing Native American children from... |
2003 |
Child Welfare |
Mollie Thompson |
Children at the Border: Existing Tools for Effective Advocacy |
82 Law and Contemporary Problems 217 (2019) |
As a way of dealing with extensive immigration into the United States via the southern border, the United States Department of Customs & Border Patrol (CBP) detains entire families or unaccompanied minors and places them, together or separately, in either government-run or for-profit detention centers. These centers often have the look and feel of; Search Snippet: ...and families. First, this Part discusses the forced removal of Native American children from their families and reservations for placement in westernized boarding schools. Second, this Part broadly depicts juvenile detentions as a... |
2019 |
|
Lorelei Laird |
Children of the Tribe |
102-OCT ABA Journal 40 (October, 2016) |
Alexandria P.'s short life has been full of harsh goodbyes. At 17 months, she was taken from her parents after accusations of neglect. Los Angeles County authorities placed her in a foster home--but within months, she suffered a black eye and a scrape and was removed again. A second foster family gave her up after just a few months, partly because; Search Snippet: ...October, 2016 Feature CHILDREN OF THE TRIBE Lawsuits Claim the Indian Child Welfare Act Is Not Always in the Best Interests of... |
2016 |
|
Anastasia Doherty |
Choosing to Raise a Child Conceived Through Rape: the Double-injustice of Uneven State Protection |
39 Women's Rights Law Reporter 220 (Spring/Summer, 2018) |
In the aftermath of my rape, my method of coping--no, my method of surviving--was to resolutely pretend that my rape had never occurred. I treated it as a fictitious nightmare. I convinced myself that if I just lived as I had before, I would be as I had before. Different plans were in store for me. A month after my rape, I learned I was; Search Snippet: ...fifteen percent of the nation's children are Black. [FN317] American Indian children are nearly four times more likely to be placed in... |
2018 |
|
Deron Marquez |
Citizenship, Disenrollment & Trauma |
53 California Western Law Review 181 (Spring, 2017) |
C1-2Table of Contents Introduction. 182 I. Citizenship. 184 II. Disenrollment Trailhead. 191 III. Disenrollment. 197 A. Jeffredo v. Macarro. 199 B. San Diego Health and Human Service Agency v. Michelle T. 202 C. Aftermath. 206 IV. Trauma. 207 Conclusion. 212; Search Snippet: ...Diego Health and Human Service Agency v. Michelle T. The Indian Child Welfare Act (ICWA) of 1978 [FN126] was crafted to assist in the placing of American Indian children into culturally favorable settings to cultivate the child's culture. ICWA was Congress's reaction to Indian children being placed into non-Indian homes (foster or adopted), which... |
2017 |
|
Andrea A. Curcio |
Civil Claims for Uncivilized Acts: Filing Suit Against the Government for American Indian Boarding School Abuses |
4 Hastings Race and Poverty Law Journal 45 (Fall 2006) |
We were never going to be like the white man, no matter how hard we tried, but they forced us to try to be like the white man. . . . They stripped us of our language. They stripped us of our religious beliefs. They stripped us of our family life, our family values. They stripped us from our culture. Imagine a government that forced you to send; Search Snippet: ...FOR UNCIVILIZED ACTS: FILING SUIT AGAINST THE GOVERNMENT FOR AMERICAN INDIAN BOARDING SCHOOL ABUSES Andrea A. Curcio [FNa1] Copyright (c) 2006 University... |
2006 |
Boarding School |
Anna Belle Newport |
CIVIL MIRANDA WARNINGS: THE FIGHT FOR PARENTS TO KNOW THEIR RIGHTS DURING A CHILD PROTECTIVE SERVICES INVESTIGATION |
54 Columbia Human Rights Law Review 854 (Spring, 2023) |
C1-2Table of Contents Introduction. 856 Part I: The Family Regulation System as it is Today. 862 A. Constitutional Protections & Limitations in the Family Regulation System. 862 B. Disproportionate Impact on Low-Income Communities of Color. 865 C. The Limitations of Miranda v. Arizona in the Family Court Context. 870 Part II: The Meaninglessness of... |
2023 |
|
Abi Fain , Mary Kathryn Nagle |
Close to Zero: the Reliance on Minimum Blood Quantum Requirements to Eliminate Tribal Citizenship in the Allotment Acts and the Post-adoptive Couple Challenges to the Constitutionality of Icwa |
43 Mitchell Hamline Law Review 801 (2017) |
I. Introduction. 803 II. The Origins of Indian as a Political Reference to Citizenship Under Federal Law. 810 A. The Absence of Blood Quantum in Tribal and Federal Laws Pre-1887. 810 B. Congress Purposefully Excluded Indians--Citizens of Tribal Nations--from the Fourteenth Amendment. 815 III. The Use of Blood Quantum to Implement the Allotment; Search Snippet: ...before you can call, under the statute, a child an Indian child ? 3/256ths? I'm just wondering is 3/256ths close--close... |
2017 |
|
Gil Gott , Sumi Cho |
Cluster Introduction: Culture, Knowledge, Law, and Community Countering "New Sovereignty" with Knowledge |
22 Berkeley La Raza Law Journal 67 (2012) |
Sovereignty, as used in this introduction to the cluster of articles on Culture, Knowledge, Law and Community, refers to a form of both social identity and political organization. We use the concept of sovereignty and new sovereignty to provide a broader lens through which to analyze the set of articles in this cluster addressing topical issues; Search Snippet: ...explain the contrast with U.S. indigenous--the impact that governmental Indian boarding school policies of the 1800s have had in forcing Indian children and youth to discard tribal attire and to adopt required... |
2012 |
|
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 |
|
Jessie Shaw |
COMMANDEERING THE INDIAN CHILD WELFARE ACT: NATIVE AMERICAN RIGHTS EXCEPTION TO TENTH AMENDMENT CHALLENGES |
42 Cardozo Law Review 2007 (September, 2021) |
C1-2Table of Contents Introduction. 2007 I. Background. 2009 A. History of ICWA and the Final Rule. 2009 B. Challenging the Final Rule. 2014 C. Challenges to ICWA at the Supreme Court. 2016 D. The Anti-Commandeering Doctrine. 2017 E. ICWA Provisions Under the Anti-Commandeering Doctrine. 2020 II. Analysis: Immunity of ICWA. 2027 A. Exceptions to... |
2021 |
Child Welfare |
Sydney Groll |
COMMUNITIES AS CARETAKERS: THE INDIAN CHILD WELFARE ACT AS AN ANTIRACIST FRAMEWORK FOR ALL CHILD WELFARE CASES |
19 Rutgers Journal of Law & Public Policy 279 (Spring, 2022) |
Americans have long been trained to see the deficiencies of people rather than policy. It's a pretty easy mistake to make: People are in our faces. Policies are distant. We are particularly poor at seeing the policies lurking behind the struggles of people. --Ibram X. Kendi The child welfare system is racist. As with all systems in the United... |
2022 |
Child Welfare |
Amy Gilbert |
Community-based Child Care in Ethiopia Vs. The Individual Centered Model in the United States: a Closer Examination of Family Group Decision Making in Child Placement |
33 Children's Legal Rights Journal 348 (Fall, 2013) |
The Federal Democratic Republic of Ethiopia is the oldest independent country in Africa, rich with history and cultural tradition. Although Ethiopia is the second most populous nation and one of the fastest growing non-oil economies on the African continent, it still remains one of the poorest and most primitive countries in the world. Throughout; Search Snippet: ...result of this practice, the U.S. government eventually passed the Indian Child Welfare Act of 1978 (ICWA), [FN131] recognizing a predominately tribal... |
2013 |
|
Steven J. Gunn |
Compacts, Confederacies, and Comity: Intertribal Enforcement of Tribal Court Orders |
34 New Mexico Law Review 297 (Spring, 2004) |
Indian tribes and their reservations have been described as America's internal colonies. Since the arrival of Europeans on this continent, Indian people have seen their tribes divided, their lands taken, and their sovereignty diminished. For well over a century, the U.S. Congress has exercised so-called plenary power over Indian affairs, enacting; Search Snippet: ...of tribal governments. In its darkest moments, Congress has abrogated Indian treaties, divided reservations into farm-sized allotments for individual Indians, sold surplus Indian lands to homesteaders, acculturated Indian children in off-reservation boarding schools, suppressed Indian cultural and religious practices, imposed federal and, in some cases... |
2004 |
|
Nell Jessup Newton |
Compensation, Reparations, & Restitution: Indian Property Claims in the United States |
28 Georgia Law Review 453 (Winter 1994) |
Calls for restitution in Eastern Europe present legal scholars in the United States with an opportunity to reexamine the legal and moral justifications for laws of property distribution in general and laws permitting confiscation and mandating restitution in particular. Western legal and constitutional theory accepts that government may take; Search Snippet: ...Captain Pratt was the founder and superintendent of the Carlisle Indian School, a boarding school for Indian children. Id. at 260. . II Prucha, supra note , at 631... |
1994 |
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|
Conference Transcript: Heeding Frickey's Call: Doing Justice in Indian Country |
37 American Indian Law Review 347 (2012-2013) |
HEEDING PHIL FRICKEY'S CALL: THE ISSUES IN INDIAN COUNTRY. 348 Matthew L.M. Fletcher, Professor of Law and Director of the Indigenous Law & Policy Center, Michigan State University College of Law. 348 Joseph Heath, Attorney at Law, Onondaga Nation General Counsel. 351 Pat Sekaquaptewa, Executive Director, Nakwatsvewat Institute. 358 ENVIRONMENTAL; Search Snippet: ...a history of federal policies such as mandatory placement of Indian children in boarding schools and the Indian Adoption Project. [FN67] These federal policies that weaken family structures... |
2013 |
|
Josh Gupta-Kagan |
CONFRONTING INDETERMINACY AND BIAS IN CHILD PROTECTION LAW |
33 Stanfor Law and Policy Review 217 (September, 2022) |
The child protection legal system faces strong and growing demands for change following at least two critiques. First, child protection law is substantively indeterminate; it does not precisely prescribe when state agencies can intervene in family life and what that intervention should entail, thus granting wide discretion to child protection... |
2022 |
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