| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| Lily Muelrath |
"NEVER AGAIN" YET ANOTHER GENOCIDE: RUSSIA'S UNLAWFUL FORCED TRANSFER AND ADOPTION OF UKRAINIAN CHILDREN |
41 Wisconsin International Law Journal 219 (Winter, 2024) |
Since the beginning of Russia's aggression against Ukraine, Russian authorities have been openly transferring children from Ukraine to Russia and Russia-occupied territories. Russian officials attempt to justify their decision to displace Ukrainian children as a humanitarian evacuation. However, this purported motive is not reality. The current... |
2024 |
|
| Lauren van Schilfgaarde |
(UN)VANISHING THE TRIBE |
66 Arizona Law Review 409 (Summer, 2024) |
The U.S. Supreme Court has revived century-old rhetoric that frames Tribal sovereignty as vanishing. The logic in this reasoning is often cloaked behind concerns for states' equal footing and interests. But once the veneer is removed, the Court's reliance upon what I term the vanishing Tribe trope reveals a lawless foundation and ultimately harms... |
2024 |
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| Chris Gottlieb |
A PATH TO ELIMINATING THE CIVIL DEATH PENALTY: UNBUNDLING AND TRANSFERRING PARENTAL RIGHTS |
19 Harvard Law & Policy Review 43 (Summer, 2024) |
There are few uses of government power as extreme as severing parent-child relationships, yet terminating parental rights has become commonplace in the American child welfare system. Amid growing recognition of the harms of terminating parental rights and the racial injustice of current practice, this Article proposes a straightforward route to... |
2024 |
Yes |
| Charisa Smith |
A POST-DOBBS FUTURE: BAILING WATER DOWNSTREAM TO CENTER DEMOCRACY'S CHILDREN |
54 Seton Hall Law Review 747 (2024) |
The reversal of Roe v. Wade by Dobbs v. Jackson Women's Health Organization not only imperils vital reproductive freedom across the United States but also illuminates the countless ways that childhood precarity will be exacerbated downstream now that forced births are sanctioned by the state. While an individual's reasons for exercising abortion... |
2024 |
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| Kirsten Matoy Carlson |
ACCESS TO JUSTICE IN THE SHADOW OF COLONIALISM |
59 Harvard Civil Rights-Civil Liberties Law Review 69 (Spring, 2024) |
C1-2Table of Contents Introduction. 70 I. The Imposition and Insufficiency of Anglo-American Justice. 79 A. Settler Colonialism and the Imposition of Justice. 80 B. The Legacy of Settler Colonialism on Justice. 86 1. Impact on Tribal Governments. 87 2. Impact on Individual Natives. 93 II. Natives' Struggle for Access to Justice Under Settler... |
2024 |
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| Theresa Glennon |
ACKNOWLEDGEMENT: RESTORING HUMAN RIGHTS AND DIGNITY |
42 Boston University International Law Journal 1 (Spring, 2024) |
Reviewing Redress: Ireland's Institutions and Transitional Justice (Katherine O'Donnell, Maeve O'Rourke & James M. Smith eds., 2022). C1-2Contents I. Introduction. 1 II. Censure and Subjugation: Confronting Ireland's Mistreatment of Single Women and Children. 3 III. Advancing Redress or Deepening rupture?. 7 IV. Reimagining Ireland: Government by... |
2024 |
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| Malinda L. Seymore |
ADOPTION AS SUBSTITUTE FOR ABORTION? |
95 University of Colorado Law Review 1089 (2024) |
In Dobbs v. Jackson Women's Health Organization, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected. First, he said, [s]tates have increasingly adopted safe haven laws, which generally allow women to drop off babies anonymously. Second, a woman who puts her newborn... |
2024 |
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| Julie Cavanaugh-Bill, PRESIDENT, STATE BAR OF NEVADA |
AN INTRODUCTION TO NEVADA'S TRIBES AND THE DYNAMICS OF TRIBAL LAW |
32-FEB Nevada Lawyer 4 (February, 2024) |
This issue of Nevada Lawyer explores the makeup of tribal law across the state of Nevada, touches briefly on federal Indian law - in particular the Indian Child Welfare Act and tribal sovereignty - and hopefully introduces many of you to the amazing cultural and historical backdrop of the lands we now call Nevada. These topics are very near and... |
2024 |
Yes |
| Grant Christensen |
ARTICLE III AND INDIAN TRIBES |
108 Minnesota Law Review 1789 (April, 2024) |
Among the most basic principles of our federal courts is that they are courts of limited jurisdiction, exercising only those powers delegated to them in Article III. In 1985 the Supreme Court inexplicably created an exception to this constitutional tenet and unilaterally declared a plenary judicial power to review the exercise of an Indian tribe's... |
2024 |
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| Angela R. Riley, Suzette Malveaux |
CHIEF JUSTICE ANGELA R. RILEY AND PROFESSOR SUZETTE MALVEAUX IN CONVERSATION AT THE ELEVENTH ANNUAL JOHN PAUL STEVENS LECTURE: THE THIRD SOVEREIGN: TRIBAL COURTS AND INDIAN COUNTRY JUSTICE |
59 Harvard Civil Rights-Civil Liberties Law Review 1 (Spring, 2024) |
The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado-Boulder's Law School is a premier research and programming institution aiming to facilitate informed and engaged scholarship and dialogue on constitutional law. As part of this effort, it hosts the annual John Paul Stevens Lecture, named after the... |
2024 |
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| The Honorable Vibhav Mittal |
CHILD WELFARE CASES: THE ULTIMATE PUBLIC INTEREST JOB |
66-JUL Orange County Lawyer 34 (July, 2024) |
Like many, I went to law school with a desire to serve the public interest. When I attended public interest events at law school, the focus was on working in the government, in a public defender's office, or with a nonprofit legal organization. As a first-generation law student, I thought that was the universe of public interest jobs. During law... |
2024 |
Yes |
| Diane Marie Amann |
CHILD-TAKING |
45 Michigan Journal of International Law 305 (2024) |
A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on... |
2024 |
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| Rory Bahadur |
CIVILITY AS MORALLY JUSTIFIED OPPRESSION |
30 Texas Journal on Civil Liberties & Civil Rights 89 (Fall, 2024) |
Contemporary legal education's predominant focus on civility within the Professional Identity Formation (PIF) framework perpetuates systemic racism, cloaking it in a guise of moral certitude. Civility, as an offshoot of moral philosophy, functions as a formidable instrument of oppression, ratifying behavioral norms and ideological constructs... |
2024 |
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| Saba Deutschmann |
COMMENT, U.S. INTERCOUNTRY ADOPTION POLICY: A BRIEF HISTORY |
36 Journal of the American Academy of Matrimonial Lawyers 509 (2024) |
While international adoptions are becoming less common, this area of international law and policy draws significant attention from legal scholars, elected officials, and the adoption community. The experience of family is shared by all people, and society is deeply rooted in the preservation and support of the family. The legal and political... |
2024 |
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| Sara L. Ochs |
CONFRONTING LEGACIES OF INDIGENOUS INJUSTICE: LESSONS FROM SWEDEN |
54 Seton Hall Law Review 641 (2024) |
The past decade has brought global efforts by settler colonial states to provide healing and justice for past and ongoing harms against Indigenous communities. Many of these efforts have manifested in the creation of truth commissions, nonjudicial entities which seek to establish a reliable historical record of harm, promote reconciliation, and... |
2024 |
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| Yael Cohen-Rimer |
CRIMINISTRATIVE LAW: DATA-COLLECTION, SURVEILLANCE, AND THE INDIVIDUALIZATION PROJECT IN U.S. CHILD WELFARE LAW |
44 Columbia Journal of Gender and Law 500 (Spring, 2024) |
Textual analyses of child welfare laws, joined by extensive textual and legal analyses of case law, reveal how the dance between the administrative and the criminal in child protective services (CPS) is rooted in the individualized perception of poverty. This individualization, which forms the bedrock of the capitalist American welfare state,... |
2024 |
Yes |
| Nick J. Sciullo |
DEFENDING CRITICAL RACE THEORY |
47 Seattle University Law Review Supra 1 (8/2/2024) |
C1-2Contents Introduction. 1 I. K-12 Schools are Overrun with Critical Race Theory. 7 II. Critical Race Theory Is Marxist. 14 III. Critical Race Theory Encourages White Self-Hate. 23 IV. Critical Race Theory Indoctrinates Students. 26 V. Critical Race Theory Is Racial Essentialism. 29 VI. Criticism of Critical Race Theory. 31 Conclusion. 33 |
2024 |
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| Timothy Fadgen , Guy Charlton , Dana E. Prescott |
DID THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION RECOGNIZE INDIGENOUS GROUPS AND CULTURE? |
37 Journal of the American Academy of Matrimonial Lawyers 87 (2024) |
Abstract: Among the profound challenges related to family law and child custody conflict has been the impact of globalization on the consequences to children from marriage and divorce, and nonmarried parental separation. Most nations implemented family justice courts decades ago where one judge, within an adversarial fact-finding system, applied... |
2024 |
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| Secretary Deb Haaland |
ENVIRONMENTAL JUSTICE IS A CIVIL RIGHTS ISSUE |
64 Natural Resources Journal 117 (Winter, 2024) |
Thank you so much for that lovely introduction, Dean Carey, and for your exemplary leadership. I also want to recognize my dear friend and mentor Professor Carol Suzuki, who I met the summer before my first semester, on the first day of the Pre-Law Summer Institute, and we have been friends ever since. She has been instrumental in all I have... |
2024 |
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| Secretary Deb Haaland |
ENVIRONMENTAL JUSTICE IS A CIVIL RIGHTS ISSUE |
54 New Mexico Law Review 1 (Winter, 2024) |
Thank you so much for that lovely introduction, Dean Carey, and for your exemplary leadership. I also want to recognize my dear friend and mentor Professor Carol Suzuki, who I met the summer before my first semester, on the first day of the Pre-Law Summer Institute, and we have been friends ever since. She has been instrumental in all I have... |
2024 |
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| Ryan E. Boevers, LISW |
FAST TRACK TO THE CIVIL DEATH PENALTY: INVOLUNTARY TERMINATIONS OF PARENTAL RIGHTS AND AN ANALYSIS OF THE MINNESOTA SUPREME COURT'S DECISION IN R.D.L. |
50 Mitchell Hamline Law Review 116 (February, 2024) |
I. Introduction. 117 II. The Child Welfare System and Its Effects on Children, Families, and Society. 118 A. The Harm of Removal and Foster Care. 119 B. Case Management Realities and Conflicting Timelines. 121 C. Systemic Inequities and Racial Disparities. 123 III. History. 125 A. The Right to Parent. 125 B. The Presumption of Fitness. 128 C. Child... |
2024 |
Yes |
| Matthew L.M. Fletcher |
FEDERAL INDIAN LAW AS METHOD |
95 University of Colorado Law Review 375 (2024) |
Introduction. 375 I. Federal Indian Law's Default Interpretative Rules. 377 A. The Canons of Construction and the Clear Expression Rules. 377 B. The Mancari Principle. 378 II. Mancari's Critics. 381 III. Why Mancari's Method Remains Superior. 385 A. The Mancari Method. 385 1. The Mancari Method Defined. 385 2. Theoretical Justification for the... |
2024 |
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| Elizabeth D. Katz |
FOSTERING FAITH: RELIGION AND INEQUALITY IN THE HISTORY OF CHILD WELFARE PLACEMENTS |
92 Fordham Law Review 2077 (April, 2024) |
Each year in the United States, approximately 700,000 children live in foster care. Many of these children are placed in religiously oriented homes recruited and overseen by faith-based agencies (FBAs). This arrangement--as well as the scope and operation of child welfare services more broadly--is at a crucial moment of reckoning. Scholars and... |
2024 |
Yes |
| Jackson Gehrig Bednarczyk |
FROM WOUNDED KNEE TO CARLISLE TO SFFA: AN INDIGENOUS CASE FOR AFFIRMATIVE ACTION |
66 Arizona Law Review 1067 (Winter 2024) |
Education is power. It is essential for personal development, informed decisionmaking, and advancement in society. Those who are well-educated have the power to change their circumstances and the circumstances of others. However, education can also be weaponized to stifle ways of thinking, crush identities, and even reshape minds. The latter is... |
2024 |
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| Jessica López-Espino |
GIVING AND TAKING VOICE: METAPRAGMATIC DISMISSALS OF PARENTS IN CHILD WELFARE COURT CASES |
49 Law and Social Inquiry 1453 (August, 2024) |
Applying tools of linguistic anthropology to ethnographic research conducted in a California child welfare court, this article analyzes how commentary by attorneys and judges about the language practices of parents and other communicative practices normalized the dismissal of the voices of marginalized lay actors throughout their cases. This... |
2024 |
Yes |
| Grace Carson |
HAALAND v. BRACKEEN AFFIRMS THE CONSTITUTIONALITY OF ICWA |
49 Human Rights 24 (2024) |
In adopting the Indian Child Welfare Act, Congress exercised that lawful authority to secure the right of Indian parents to raise their families as they please; the right of Indian children to grow in their culture; and the right of Indian communities to resist fading into the twilight of history. --Justice Neil Gorsuch concurring in Haaland v.... |
2024 |
Yes |
| Laura Briggs |
HAALAND v. BRACKEEN AND MANCARI: ON HISTORY, TAKING CHILDREN, AND THE RIGHT-WING ASSAULT ON INDIGENOUS SOVEREIGNTY |
56 Connecticut Law Review 1121 (May, 2024) |
In June 2023, the Supreme Court upheld the constitutionality of the Indian Child Welfare Act (ICWA) of 1978 in Haaland v. Brackeen. making it harder for (some) Indigenous families and communities to lose their children. The decision left one key question unanswered, however: whether protections specifically for American Indian households served as... |
2024 |
Yes |
| Andrew B. Reid |
HAALAND v. BRACKEEN: THE INDIAN CHILD WELFARE ACT, STATES' RIGHTS, AND THE SURVIVAL OF AMERICA'S FIRST PEOPLES AND NATIONS |
101 Denver Law Review 349 (Winter, 2024) |
At the end of its 2023 term, the United States Supreme Court issued a long-awaited decision on the Indian Child Welfare Act, Haaland v. Brackeen. The Court was presented with the direct conflict between three well-established bodies of constitutional law: (1) the right of individuals against racial discrimination, (2) the rights reserved by the... |
2024 |
Yes |
| Ian Heath Gershengorn |
HAALAND v. BRACKEEN--A WINDOW INTO PRESENTING TRIBAL CASES TO THE COURT |
56 Connecticut Law Review 1103 (May, 2024) |
In this Essay, as I did at the Connecticut Law Review's Symposium, I draw on my experience representing Tribes in Haaland v. Brackeen to discuss more broadly the effective presentation of tribal arguments to the Court. I touch briefly on four main topics. First, I discuss how we collaborated with amici to ensure that the Court would have the full... |
2024 |
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| Mikayla Jones |
HEADS HELD HIGH AND HANDS HOLDING HOPE: THE VICTORY AND VULNERABILITIES OF THE INDIAN CHILD WELFARE ACT AFTER HAALAND v. BRACKEEN |
103 Nebraska Law Review 65 (2024) |
Congress enacted the Indian Child Welfare Act (ICWA) in 1978 to mitigate the catastrophic effects of the federal government's longstanding policy of forcibly removing Indian children from their families and tribal communities. ICWA has safeguarded Indian children and families for decades by setting minimum standards in state child welfare... |
2024 |
Yes |
| Assemblywoman Shea Backus |
INDIAN CHILD WELFARE ACT: UPHELD BY U.S. SUPREME COURT AND ENACTED INTO STATE LAW |
32-FEB Nevada Lawyer 21 (February, 2024) |
In 1978, Congress passed the Indian Child Welfare Act (ICWA) to respond to federal policy promoting removal of Indian children from their families. ICWA was established to protect the rights of Indian children and families in child welfare proceedings. The act recognizes the unique cultural heritage of tribes and seeks to preserve cultural... |
2024 |
Yes |
| Paul W. Stenzel |
INDIAN LAW IN WISCONSIN: A PRIMER |
97-JUN Wisconsin Lawyer 8 (June, 2024) |
Indian tribes are unique legal entities. This article provides an overview of the 11 federally recognized tribes in Wisconsin and their relationships to and with the federal and state governments and laws. From the time it was a territory and before, there have been Native people living in what is now the state of Wisconsin. One of the earliest... |
2024 |
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| Alex H. Serrurier |
INDIGENEITY IN THE CLASSROOM: AVENUES FOR NATIVE AMERICAN STUDENTS TO CHALLENGE ANTI-CRITICAL RACE THEORY LAWS |
57 Columbia Journal of Law and Social Problems 543 (2024) |
Native American students in public schools face barriers to educational achievement due to racism, prejudice, and ignorance from fellow students, teachers, and administrators. Native students have endured various forms of discrimination that range from forcible cutting of braids by peers to administrative bans on traditional regalia at graduation... |
2024 |
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| Kirsten Matoy Carlson |
JUSTICE BEYOND THE STATE |
41 Alaska Law Review 45 (December, 2024) |
For decades the intersectionality of extreme rurality and cultural difference has led scholars and tribal leaders to advocate for recognition of local authority as a solution to the justice gap in rural Alaska. Local control often means developing courts in and extending jurisdiction to Alaska Native villages. This Article evaluates strengthening... |
2024 |
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| Cynthia Godsoe |
KINSHIP CARE AND ADOPTION MYOPIA |
76 Rutgers University Law Review 689 (Spring, 2024) |
C1-2Table of Contents Introduction. 690 I. Adoption Myopia. 698 A. History of White Saviorism & Aiming to Recreate the Normative Mainstream Nuclear Family. 699 B. Narrow View of Permanency Equated with Adoption. 704 C. Federal Funding Prioritizing Adoption. 709 II. Ill-Fit & Harm to Kinship Families. 711 A. Adoption's Poor Fit. 712 1. Problematic... |
2024 |
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| Abigail Mitchell |
LEGALLY SANCTIONED TAKINGS OF BLACK CHILDREN: HOW SLAVERY REVERBERATES IN THE MODERN CHILD WELFARE SYSTEM |
26 Scholar: St. Mary's Law Review on Race and Social Justice 141 (2024) |
I. LEGALLY Sanctioned Family Separation of Enslaved Peoples. 145 A. Crafting Slavery: The Early Days. 145 B. Legislatively Sanctioned Separations. 146 C. Economics and Slavery. 147 D. Another Level of Legal Involvement: Court Sales. 148 E. Litigating Enslaved Family Separations. 149 F. Normative Frameworks Justifying Slavery and Family Preservation... |
2024 |
Yes |
| Fenja R. Schick-Malone |
LETTING THE KIDS RUN WILD: FREE-RANGE PARENTING AND THE (DE)REGULATION OF CHILD PROTECTIVE SERVICES |
81 Washington and Lee Law Review 387 (Winter, 2024) |
Families in the United States suffer from a removal epidemic. The child welfare framework allows unnecessary and harmful intervention into family and parenting matters, traditionally left to the discretion of the parent. Many states allow Child Protective Services (CPS) to investigate, intervene, and permanently separate a child from their... |
2024 |
Yes |
| Kris Goodwill |
MENOMINEE TERMINATION AND RESTORATION |
97-JUN Wisconsin Lawyer 14 (June, 2024) |
Because of changing federal policy regarding Indian tribes, federal statutes directed at specific tribes or all tribes, and ever-evolving case law, federal Indian law is very complex. This article focuses on the Menominee Indian Tribe's termination and restoration against the backdrop of federal governmental policy toward all tribes in the United... |
2024 |
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| Caroline Baltay |
MINORITY INDIGENOUS LANGUAGE RIGHTS LAWS: A COMPARATIVE STUDY |
38 Emory International Law Review 485 (2024) |
C1-2Table of Contents Introduction. 486 I. Linguistic Classifications. 487 A. Minority and Majority Languages. 487 B. Indigenous and Immigrant Languages. 488 C. Official Language Status. 490 II. Rationale for Language Rights and Protection. 491 A. Access to Other Human Rights. 492 B. Culture. 493 C. Education. 494 III. Levels of Linguistic Rights.... |
2024 |
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| Brett G. Roberts |
NATIVE AMERICANS IN THE CLUTCHES OF CATHOLICISM: HOW CATHOLICISM AND NATIVE RIGHTS CONNECT VIA NATURAL LAW IN A WORLD THAT WANTS YOU TO BELIEVE OTHERWISE |
22 Ave Maria Law Review 44 (Spring, 2024) |
Native American cultures and the good news are not two competing ideas. They can and do merge, as can be seen in how God's grace fulfills the lives of so many Native Americans. With a deeper understanding of the Native American Catholic communities, we, as a Church, are better able to unify both the faith and the cultures that guide Catholic... |
2024 |
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| Brynna Collins |
NATIVE NATIONS' AUTONOMY IN THE MODERN ERA |
29 Public Interest Law Reporter 250 (Spring, 2024) |
Over the course of the development of the United States, there were a total of 368 treaties signed between the United States and Native Nations. These treaties included agreements between the United States and the Native tribes to trade land in exchange for autonomy, recognition of sovereignty, and assistance of services. Most of these treaties... |
2024 |
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| Ndjuoh MehChu |
NEITHER COPS NOR CASEWORKERS: TRANSFORMING FAMILY POLICING THROUGH PARTICIPATORY BUDGETING |
104 Boston University Law Review 73 (February, 2024) |
A caseworker makes a home visit to a poor Black family under the guise of protecting the children in the household from suspected neglect. The caseworker investigates. They search the premises without a warrant, as the Fourth Amendment's restraints do not apply to them, even though they are state actors who replicate police power. The family's four... |
2024 |
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| Family Law Quarterly 2023-24 Editors, New York Law School |
NEW FAMILY LAW STATUTES IN 2023: SELECTED STATE LEGISLATION |
57 Family Law Quarterly 350 (2023-2024) |
By Alexa Gonzalez and Nora Kelly This article provides summaries and context for 31 changes to family law that were enacted in 2023 by legislatures in 26 states and the District of Columbia. The topics include (1) Child Custody and Visitation, (2) Nonparent Custody and Visitation, (3) Children's Representation, (4) Child Welfare, (5) Child Support,... |
2024 |
Yes |
| Troy A. Rule |
PRESERVING SACRED SITES AND PROPERTY LAW |
2024 Wisconsin Law Review 129 (2024) |
Should courts have the power to order the federal government to give land rights to particular groups based solely on their religious beliefs? Calls for legal rules requiring such effectual transfers have grown in recent years as Americans have started to confront the country's history of mistreatment of Native nations and other disadvantaged... |
2024 |
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| Katie Grace Graziano |
PROPER PARENTS, PROPER RELIEF |
99 Notre Dame Law Review 1821 (July, 2024) |
Indian children belong with Indian parents--or so says the Indian Child Welfare Act (ICWA). ICWA requires certain procedures for carrying out the adoption of an Indian child. Among those procedures is an explicit preference for Indian families over non-Indian families. The hierarchy is so strict that a court must prioritize placing a child with an... |
2024 |
Yes |
| Neoshia R. Roemer |
PROTECTING THOSE AMONG THE MOST VULNERABLE |
71-SPG Federal Lawyer 12 (Spring, 2024) |
On June 15, 2023, the U.S. Supreme Court affirmed the constitutionality of the Indian Child Welfare Act (ICWA) in a 7-2 decision in Haaland v. Brackeen. Without a doubt, Brackeen was a win for Indian Country because the Supreme Court's rebuke of these challenges demonstrated that ICWA's opponents have an uphill battle in undermining federal Indian... |
2024 |
Yes |
| Thalia González , Paige Joki |
REPRODUCING INEQUALITY: RACIAL CAPITALISM AND THE COST OF PUBLIC EDUCATION |
65 Boston College Law Review 317 (February, 2024) |
Introduction. 319 I. Education and Racial Capitalism. 334 II. Fines and Fees as a Modality of Racial Capitalism. 346 A. Methods. 347 B. Dispossession and Inequitable Access to Educational Opportunities. 349 C. Resource Extraction and Debt Creation. 352 D. Punishment. 355 III. Protecting Black Students and Families. 359 A. Every Student Succeeds... |
2024 |
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| Lauren van Schilfgaarde |
RESTORATIVE JUSTICE AS REGENERATIVE TRIBAL JURISDICTION |
112 California Law Review 103 (February, 2024) |
For more than a century, the United States has sought to restrict Tribal governments' powers over criminal law. These interventions have ranged from the imposition of federal jurisdiction over Indian country crimes to actively dismantling Tribal justice systems. Two particular moves--diminishing Tribal jurisdiction and imposing adversarial... |
2024 |
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| Nic Rossio , Judge Tim Connors , Margaret Kruse Connors , Justice Cheryl Demmert Fairbanks , Dr. William Hall , Brett Lee Shelton |
RESTRUCTURING AMERICAN LAW SCHOOLS: PEACEMAKING IN FIRST YEAR CURRICULUM |
69 Wayne Law Review 635 (Spring, 2024) |
I. Historical Context--What is Peacemaking?. 637 II. Peacemaking and Law School Curriculum. 644 A. Introduction. 644 B. The Current Approach: Law School's Reliance on Formalism.. 647 C. Rethinking Law Students' Assumed Tendency Toward Formalism. 652 D. The Potential of Peacemaking. 658 E. Conclusion. 667 III. Peacemaking at the Federal Level. 668... |
2024 |
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| M. Henry Ishitani , Alexandra Fay |
REVISING THE INDIAN PLENARY POWER DOCTRINE |
29 Michigan Journal of Race and Law 1 (Spring, 2024) |
The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagarna v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal sovereignty. The doctrine's legal basis remains a constitutional conundrum. This... |
2024 |
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