AuthorTitleCitationSummaryYearKey Term
Kristen A. Carpenter "ASPIRATIONS": THE UNITED STATES AND INDIGENOUS PEOPLES' HUMAN RIGHTS 36 Harvard Human Rights Journal 41 (Spring, 2023) The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations... 2023  
Lori McPherson , Sarah Blazucki "STATISTICS ARE HUMAN BEINGS WITH THE TEARS WIPED AWAY": UTILIZING DATA TO DEVELOP STRATEGIES TO REDUCE THE NUMBER OF NATIVE AMERICANS WHO GO MISSING 47 Seattle University Law Review 119 (Fall, 2023) C1-2Contents Introduction. 120 I. Data Sources/Legal Mandates for Submission. 125 A. Biographic Data. 126 B. Biometric Data. 132 II. Baseline: What We Know About Missing Indigenous Persons. 134 III. Legal Considerations in Missing Person Cases in ISndian Country. 143 A. Federalism and Limits of Federal Power. 143 B. Right to Privacy & the Right to... 2023  
Julia Gaffney "THE GOLD STANDARD OF CHILD WELFARE" UNDER ATTACK: THE INDIAN CHILD WELFARE ACT AND HAALAND v. BRACKEEN 56 Family Law Quarterly 231 (2022-2023) Our country was built on the systemic erasure of Indigenous persons, their communities, and their culture. While one might consider this erasure a thing of the past--a phenomenon belonging more to colonization or the country's period of Western expansion--many of the legal, social, and political structures in the United States still operate in ways... 2023 Child Welfare
Lucia Kello "THE PAST GOT BROKEN OFF": CLASSIFYING "INDIAN" IN THE INDIAN CHILD WELFARE ACT 36 Journal of Civil Rights & Economic Development 361 (Winter, 2023) In her 1993 novel, Pigs in Heaven, Barbara Kingsolver chronicles the story of an American Indian child, Turtle, and her young, white, adoptive mother, Taylor Greer. In what has been criticized as a controversial imagined fact pattern, Kingsolver writes that while stopped in a parking lot in the middle of the night, Taylor is approached by an... 2023 Child Welfare
Kristen Carpenter, Alexey Tsykarev (Indigenous) Language as a Human Right 24 UCLA Journal of International Law and Foreign Affairs 49 (Spring, 2020) The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages; Search Snippet: ...among these assimilation efforts was the creation of federally funded boarding schools that would teach Indian children the lessons of Christianity and civilization in order to Kill the Indian in him and save the man. [FN96] The model for accomplishing these goals was to assimilate Indians into the general population by taking them away from their parents and placing them in boarding schools where they would learn English. [FN97] As the 2020  
Angela R. Riley (Tribal) Sovereignty and Illiberalism 95 California Law Review 799 (June, 2007) Liberalism struggles with an ancient paradox. That is, it must navigate the sometimes treacherous course between individual autonomy and pluralism's accommodation. In this Article, I argue that this philosophical tension has manifested in very concrete intrusions on American Indians' tribal sovereignty. On the one hand, tribal sovereignty guards; Search Snippet: ...on behalf of Indian tribes as well. For example, the Indian Child Welfare Act of 1978 [FN190] gave tribal communities control over the adoption of Indian children, [FN191] and the Native American Graves Protection and Repatriation Act... 2007  
  A Bad Man Is Hard to Find 127 Harvard Law Review 2521 (June, 2014) In January 2003, a young woman named Lavetta Elk got into a car with an Army recruiter whom she had known since she was sixteen. She believed that she had been accepted as an enlistee--her dream was to work eventually as an Army nurse--and that he was taking her for a medical evaluation. Instead, Staff Sergeant Joseph Kopf drove down a deserted; Search Snippet: ...for Uncivilized Acts: Filing Suit Against the Government for American Indian Boarding School Abuses, 4 Hastings Race & Poverty L.J. 45, 78-81... 2014  
Steve Russell , University of Texas A Black and White Issue: the Invisibility of American Indians in Racial Policy Discourse 4 Georgetown Public Policy Review 129 (Spring, 1999) The President's Initiative on Race concluded little about American Indians, except that they are in dire circumstances. This article describes those circumstances and the difficulties that face policymakers in addressing Indian problems. Indians grappling with issues of economic development, education and internal democracy find themselves in a; Search Snippet: ...language and culture, autonomy and survival to pass on to Indian children. That question subdivides into issues to be addressed by governments... 1999  
Kelsey Vujnich A Brief Overview of the Indian Child Welfare Act, State Court Responses, and Actions Taken in the past Decade to Improve Implementation Outcomes 26 Journal of the American Academy of Matrimonial Lawyers 183 (2013) Since the Indian Child Welfare Act (hereafter ICWA) was adopted in 1978 by the U.S. Congress, various courts have struggled with its application, at times coming to different conclusions regarding various terms in the statute and producing different outcomes by state. Differences among state court decisions range from philosophical differences as; Search Snippet: ...of Matrimonial Lawyers 2013 Comment A BRIEF OVERVIEW OF THE INDIAN CHILD WELFARE ACT, STATE COURT RESPONSES, AND ACTIONS TAKEN IN THE... 2013 Child Welfare
Maci Burke A CALL TO CONGRESS: A CONSTITUTIONAL INDIAN CHILD WELFARE ACT IS NOT A FLAWLESS INDIAN CHILD WELFARE ACT 39 Minnesota Journal of Law & Inequality 191 (Winter, 2021) In 1978, Congress enacted the Indian Child Welfare Act (ICWA), to regulate the removal and placement of Indian children in foster care, the termination of parental rights, preadoptive placement, and adoptive placement. The ICWA was enacted to address rising concerns over abusive child welfare practices that resulted in the separation of large... 2021 Child Welfare
Rachel Kennedy A CHILD'S CONSTITUTIONAL RIGHT TO FAMILY INTEGRITY AND COUNSEL IN DEPENDENCY PROCEEDINGS 72 Emory Law Journal 911 (2023) Since the child welfare system's inception, abuse and neglect laws have conflated poverty-related neglect with active parental violence and willful neglect. The ensuing state surveillance has disproportionately harmed poor children and children of color. Pursuant to the state's expansive parens patriae authority, countless families are... 2023  
Hope M. Babcock A Civic-republican Vision of "Domestic Dependent Nations" in the Twenty-first Century: Tribal Sovereignty Re-envisioned, Reinvigorated, and Re-empowered 2005 Utah Law Review 443 (2005) I. Introduction. 444 II. Sovereignty. 448 III. Tribal Sovereignty. 455 A. Sources of Tribal Sovereignty. 457 1. Treaties. 457 2. Inherent Sovereignty. 469 B. The Shifting Tectonic Plates of Tribal Sovereignty. 485 1. The Importance of Tribal Land. 486 2. Debilitating Judicial Doctrines. 497 3. Tribal Sovereignty Today: A Glass Half Full or Half; Search Snippet: ...many cases ignored Indian political forms. [FN222] The use of Indian language was actively discouraged, and Indian youth were shipped off to boarding schools to learn Western traditions. [FN223] Indians were encouraged to... 2005  
Dylan R. Hedden-Nicely , Stacy L. Leeds A FAMILIAR CROSSROADS: MCGIRT v. OKLAHOMA AND THE FUTURE OF THE FEDERAL INDIAN LAW CANON 51 New Mexico Law Review 300 (Summer, 2021) Federal Indian law forms part of the bedrock of American jurisprudence. Indeed, critical parts of the pre-civil war constitutional canon were defined in Federal Indian law cases that simultaneously provided legal justification for American westward expansion onto unceded Indian lands. As a result, Federal Indian law makes up an inextricable part of... 2021  
Kathryn Almond A Fouled Hand: Ysleta Del Sur Pueblo's Struggle to Game in Texas 49 Texas Tech Law Review 403 (Winter, 2017) I. Welcome to No-Limit Texas Hold'em. 404 II. Cutting the Deck. 406 A. The Game of Roulette: A Brief History of Indian-United States Relations. 406 1. 1492-1817: The Colonial and Trade and Intercourse Periods. 406 2. 1817-1928: The Removal, Reservation, and Allotment Periods. 409 3. 1928-1942: The Reorganization Period. 410 4. 1953-1961: The; Search Snippet: dances, criminal. [FN66] Western education was central to federal Indian policy; Indian children were brought together at boarding schools and often forbidden from speaking their native languages. [FN67] Further, all American Indians were granted United States... 2017  
Aila Hoss A Framework for Tribal Public Health Law 20 Nevada Law Journal 113 (Fall, 2019) C1-2Table of Contents Introduction. 113 I. Public Health Law. 115 II. Tribal public health law. 118 A. Tribal Sovereignty and Inherent Public Health Authority. 119 B. Federal Indian Law and Public Health. 120 1. Principles of Federal Indian Law. 121 2. Statutes and Regulations. 122 C. Tribal Law and Public Health. 126 1. Tribal Constitutions. 126; Search Snippet: ...for many Tribes. [FN73] With the spread of disease throughout Indian reservations and crowded boarding schools, Congress was pressured to increase health care appropriations for Indians. [FN74] In 1921, Congress passed the Snyder Act, which provided... 2019  
K.R. Redhage A GENOCIDE THE WORLD HAS IGNORED: HOLDING GOVERNMENTS AND THE CATHOLIC CHURCH ACCOUNTABLE FOR RESIDENTIAL AND BOARDING SCHOOLS THROUGH THE ICC 48 Brooklyn Journal of International Law 801 (2023) CONTENT WARNING: The following article discusses violence against children and the atrocities of the Indigenous Residential School System in the United States and Canada. On May 27, 2021, Tk'emlúps te Secwépemc (Kamloops Indian Band) Chief Rosanne Casmir confirmed the remains of 215 Indigenous children, some as young as three years old, were... 2023 Boarding School
Anita Sinha A LINEAGE OF FAMILY SEPARATION 87 Brooklyn Law Review 445 (Winter, 2022) History, as nearly no one seems to know, is not merely something to be read. And it does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us .. This article is rooted in the belief that the articulation of shared narrative histories advances the pursuit of... 2022  
Jordan Ramharter A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty 72 Maine Law Review 379 (2020) I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...and responsibility to the Indian people for the education of Indian children and for the operation and financial support of the Bureau... 2020  
Margaret Kelly A MOTHER'S DOMICILE IN THE INDIAN CHILD WELFARE ACT: IN RE ADOPTION OF B.B. 101 Oregon Law Review 453 (2023) Introduction. 453 I. History and Purpose of the Indian Child Welfare Act. 455 A. The Statute. 459 B. Domicile. 461 C. Statutory Interpretation. 461 II. Background of In re Adoption of B.B. 462 III. Case Analysis. 464 A. Plain Interpretation. 464 B. Congressional Intent. 466 C. Canons of Construction. 470 D. Effect on Public Policy. 470 E. United... 2023 Child Welfare
Sarah Krakoff A Narrative of Sovereignty: Illuminating the Paradox of the Domestic Dependent Nation 83 Oregon Law Review 1109 (Winter 2004) In my view, the tribes either are or are not separate sovereigns, and our federal Indian law cases untenably hold both positions simultaneously. The [U.S.] Constitution never took away Indian self-governance; that governance flows from the people. The Courts are trying to do what the [executive and legislative] branch[es] have learned they; Search Snippet: ...the Diné homeland. Yet the history of education of American Indian children pushes strongly against this goal. The assimilation era forced boarding... 2004  
Sara L. Ochs A NATIONAL TRUTH COMMISSION FOR NATIVE AMERICANS 36 Wisconsin Journal of Law, Gender & Society 1 (Spring, 2021) Native Americans have endured centuries of genocide. What began as a systemic attempt by European colonialists to decimate the indigenous population subsequently evolved into more subtle, devastating acts intended to destroy indigenous culture. Today, Native Americans remain the subject of ongoing discrimination and human rights abuses, especially... 2021  
Carole Goldberg A Native Vision of Justice 111 Michigan Law Review 835 (April, 2013) The Surrounded. By D'Arcy McNickle. New York: Dodd Mead. 1936. (University of New Mexico Press 1978 ed.). Pp. 297. $23.95. That's the way it goes now; the old law is not used and nobody cares about the new. Old Modeste The Surrounded (p. 207) He could tell himself, as he stood there, not only listening but seeing, that of all joys, there was none; Search Snippet: the local Catholic mission school and in a federal Indian boarding school. For different reasons, neither parent wanted him to pursue... 2013  
Elizabeth Mertz A New Social Constructionism for Sociolegal Studies 28 Law and Society Review 1243 (1994) In this essay I make a case for what I call a moderate and also an empirically grounded social constructionist approach, which I conceptualize as a further development of numerous strands of a longstanding and rich tradition. I argue that this approach, one I see as emergent now in cross-disciplinary work like that presented in this Symposium,; Search Snippet: ...had unintended effects. Thus when the government encouraged off-reservation boarding schools for Indian children, a move designed to hasten assimilation, an unexpected by-product... 1994  
Andrea L. Johnson A Perfect Storm: the U.s. Anti-trafficking Regime's Failure to Stop the Sex Trafficking of American Indian Women and Girls 43 Columbia Human Rights Law Review 617 (Spring, 2012) In 2001, the United States Department of State ceremoniously revealed its inaugural Trafficking In Persons (TIP) Report, nine months after the passage of the Trafficking Victims Protection Act (TVPA)--the first comprehensive federal law to address human trafficking. The introduction to the statutorily mandated report included a bold statement: The; Search Snippet: ...their sex and labor by colonizers and westward settlers, American Indian women and girls were continuously subjected to sexual exploitation--often... 2012  
Valerie J. Phillips A Pluralistic Approach to Oppression and Latino Terra Nullius 20 Saint Thomas Law Review 691 (Spring 2008) We are nations of givers dealing with nations of takers. Anonymous The real battle will be between westernized, assimilated elites within all nations, and those who refuse to assimilate. Hanna Petros I. Introduction. 691 II. Back Alley Abortions. 694 III. Cyber-Love and Getting to Praxis. 700 IV. Everything is up for Discussion . 701 This; Search Snippet: ...closed in 1914, and was the first off-reservation government boarding school intended to deal with the Indian problem by assimilating young Indians into white society. [FN19] It is now the U.S. Army... 2008  
Hope Babcock A Possible Solution to the Problem of Diminishing Tribal Sovereignty 90 North Dakota Law Review 13 (2014) The capacity of Indian tribal sovereignty to protect tribes from outside encroachment and interference has steadily diminished from when the concept was first enunciated in the nineteenth century in the Marshall Indian Law Trilogy. This article assumes as a working premise that only bringing tribes into the Constitution as co-equal sovereigns will; Search Snippet: ...FN18] We, in turn, have a long history of destabilizing Indians--we forcibly removed them from lands they had occupied for... 2014  
Heidi McNeil Staudenmaier , Ruth K. Khalsa A Post-carcieri Vocabulary Exercise: What If "Now" Really Means "Then"? 1 UNLV Gaming Law Journal 39 (Spring 2010) When the Indian Reorganization Act (IRA) was passed in 1934, it officially defined an Indian as a member of a recognized tribe now under federal jurisdiction. For nearly three-quarters of a century, this definition of an Indian and an Indian tribe--hallmarked by the four-word phrase now under federal jurisdiction-- guided federal policy and; Search Snippet: ...proponent of assimilation-through-education and the founder of the Indian boarding school movement, touted the principle of kill the Indian and save the man, denoting his utter contempt for native traditions, beliefs, and practices and his conviction that, by removing Indian children from their tribal environments and steeping them in the ways... 2010  
Kristen A. Carpenter A Property Rights Approach to Sacred Sites Cases: Asserting a Place for Indians as Nonowners 52 UCLA Law Review 1061 (April, 2005) Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also; Search Snippet: ...See Dussias, supra note 10, at 776-805 (discussing federal Indian Christianization efforts including the assignment of missionaries to Indian reservations, outlawing of Indian ceremonial dances, the removal of Indian children to boarding schools where they were instructed in Christianity, and other measures... 2005  
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  
April Olson A SEAT AT THE TABLE: TRIBAL LEGAL REPRESENTATION IN OUT-OF-STATE INDIAN CHILD WELFARE ACT CASES 68-APR Federal Lawyer 38 (March/April, 2021) They made me stand. The small courtroom was packed with the usual parties in an Indian Child Welfare Act (ICWA) case: attorneys and social workers and a few observers who took up all the remaining seats. I stood against a wall while we waited for the judge to begin oral argument on my motion. After the judge called on me, I expected someone would... 2021 Child Welfare
The Editorial Staff of the University of La Verne Law Review A Selective Bibliographic Index of Juvenile Law Publications 30 University of La Verne Law Review 216 (November, 2008) The following is a selective compilation of articles published in law reviews and legal journals from 2007 through October 22, 2008, available on Westlaw and LexisNexis. Articles selected for inclusion under general topics pertain specifically to juveniles. Articles focusing on college and university law have been omitted. Each topic has been; Search Snippet: ...Amina, Comment, The Battle of Wills: The Impact of the Indian Child Welfare Act on Parents Who Make Testamentary Appointments of Guardianship for Their Indian Children, 28 J. Juv. L. 148 (2007) Monopoli, Paula A., Nonmarital... 2008  
Tonya Kowalski A Tale of Two Sovereigns: Danger and Opportunity in Tribal-state Court Relations 47 Tulsa Law Review 687 (Spring 2012) As the many Native American nations garner economic strength and come into increasing contact with state and local forums, so do the chances that those forums will come face to face with questions of tribal law. The challenges posed by an Anglo-American court answering questions of tribal law present both danger and opportunity. Opportunities come; Search Snippet: ...Just as insidious were the forced assimilation policies that wrested Indian children from their families and placed them into boarding schools, in many cases for cultural re-education, [FN23] forced... 2012  
Jenadee Nanini A Tribe's Future: Native American Youth and the Right to Counsel in Juvenile Justice Systems 9 Georgetown Journal of Law & Modern Critical Race Perspectives 77 (Spring, 2017) Native American youth face a complex dynamic within the juvenile justice system. Native American juveniles are potentially subject to three jurisdictions: tribal, state, and federal--with the possibility of removal to adult court in any of these three jurisdictions. Interestingly, Native American youth also face more barriers and greater; Search Snippet: ...barriers in society. Ivy Wright-Bryan, the National Director of Native American Mentoring for Big Brothers Big Sisters of America, stated... 2017  
Vine Deloria, Jr. A Walk on the Inside 71 University of Colorado Law Review 397 (Spring 2000) We are taught that attorneys are officers of the court, and we like to think of ourselves as representatives of the law. But how do we represent the law? To what degree does it become part of ourselves, allowing us to look back on our lives and see that we have become an integral participant in the legal process in the most positive fashion? And; Search Snippet: ...broken that idea into pieces by enticing, and then kidnapping, Indian children to its off-reservation boarding schools, by depriving parents of rations due to them under... 2000  
Preston Sanchez, Esq. , Rebecca Blum Martinez, PhD. A Watershed Moment in the Education of American Indians: a Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools 27 American University Journal of Gender, Social Policy and the Law 183 (2019) I. A Look at New Mexico: Politics, Demographics, Culture, and Student Outcomes. 185 A. Political Climate. 186 B. Demographics. 187 C. Unique Cultural and Linguistic Needs of New Mexico Students:. 189 D. Student Outcomes. 192 II. A Historical Overview of Systemic Discrimination and Forced Assimilation of American Indians. 195 A. The Current Impact; Search Snippet: ...Territorial period would include provisions for the education of American Indian children. [FN62] Furthermore, emanating from the Doctrine of Manifest Destiny came... 2019  
Preston Sanchez, Esq. , Rebecca Blum Martinez, PhD. A Watershed Moment in the Education of American Indians: a Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools 27 American University Journal of Gender, Social Policy and the Law 317 (2019) I. A Look at New Mexico: Politics, Demographics, Culture, and Student Outcomes. 319 A. Political Climate. 320 B. Demographics. 321 C. Unique Cultural and Linguistic Needs of New Mexico Students:. 323 D. Student Outcomes. 326 II. A Historical Overview of Systemic Discrimination and Forced Assimilation of American Indians. 329 A. The Current Impact; Search Snippet: ...Territorial period would include provisions for the education of American Indian children. [FN62] Furthermore, emanating from the Doctrine of Manifest Destiny came... 2019  
Lisa Kelly ABOLITION OR REFORM: CONFRONTING THE SYMBIOTIC RELATIONSHIP BETWEEN "CHILD WELFARE" AND THE CARCERAL STATE 17 Stanford Journal of Civil Rights & Civil Liberties 255 (June, 2021) The child welfare system and the carceral state are engaged in a symbiotic relationship that shares many of the same hallmarks of surveillance, violence, and control of Black people. Just as police have been shown to inflict violence on Black people in the name of community safety, so too child welfare inflicts deep and lasting harms,... 2021 Child Welfare
Theresa Rocha Beardall, J.D., Ph.D. , Frank Edwards, Ph.D. ABOLITION, SETTLER COLONIALISM, AND THE PERSISTENT THREAT OF INDIAN CHILD WELFARE 11 Columbia Journal of Race and Law 533 (July, 2021) Family separation is a defining feature of the U.S. government's policy to forcibly assimilate and dismantle American Indian and Alaska Native (AIAN) tribal nations. The historical record catalogues the violence of this separation in several ways, including the mass displacement of Native children into boarding schools throughout the 19th century... 2021 Child Welfare
Michael J. Simpson Accommodating Indian Religions: the Proposed 1993 Amendment to the American Indian Religious Freedom Act 54 Montana Law Review 19 (Winter, 1993) In two cases decided in 1988 and 1990, Lyng v. Northwest Indian Cemetery Protective Ass'n and Employment Division of Oregon v. Smith, the United States Supreme Court severely restricted the protective scope of the free exercise clause of the First Amendment to the United States Constitution. In Lyng and Smith, the Court overruled more than; Search Snippet: ...penalties are provided. [FN50] Additionally, in an effort to destroy Indian culture, the federal government took Indian children from their parents and sent them far away to boarding schools for as long as eight years, during which time... 1993  
Rebecca Tsosie ACCOUNTABILITY FOR THE HARMS OF INDIGENOUS BOARDING SCHOOLS: THE CHALLENGE OF "HEALING THE PERSISTING WOUNDS" OF "HISTORIC INJUSTICE" 52 Southwestern Law Review 20 (2023) As the settler colonial nations that emerged from British colonization, the United States, Canada, and Australia share a dark history of forcible acculturation of Indigenous peoples. The histories of Canada and the United States, in particular, are closely linked. The two countries share an international border that separated several Indigenous... 2023  
Barbara Ann Atwood Achieving Permanency for American Indian and Alaska Native Children: Lessons from Tribal Traditions 37 Capital University Law Review 239 (Winter 2008) One of the many challenges facing the American child welfare system is the need for practices that are responsive to the unique cultural needs of the children who are placed in foster care. The goal of achieving permanent, stable placements for children in the child welfare system is an over-arching objective, but permanency is a chameleon term; Search Snippet: ...laws with contrasting approaches to permanency have particular relevance: the Indian Child Welfare Act of 1978 [FN4] (ICWA) and the Adoption and... 2008  
Aaron J. Stewart Acting for the Left Behind: How the Native Class Act Could Close the Gaps in American Indian Education 36 American Indian Law Review 347 (2012) A new bill in the Senate has many American Indians wondering whether the educational future of Native peoples is indeed bright, or whether the status quo will continue. On June 23, 2011, Senator Daniel Akaka introduced the Native Culture, Language, and Access for Success in Schools Act (Native CLASS Act). This bill's current thrust is to amend; Search Snippet: ...the mid-1700s. [FN12] It was those movements that launched Indian education experiments, such as boarding schools and religious schools on Indian settlements. [FN13] In 1778, the United States government began taking... 2012  
Shreya A. Fadia Adopting "Biology Plus" in Federal Indian Law: Adoptive Couple V. Baby Girl's Refashioning of Icwa's Framework 114 Columbia Law Review 2007 (December, 2014) This Note argues that the Supreme Court's decision in Adoptive Couple v. Baby Girl creates an apparent tension in federal Indian law. The Court's characterization of the broader aims of the Indian Child Welfare Act of 1978 and of biology's role within it appears irreconcilable with previous interpretations of the Act--including the Court's own; Search Snippet: The Court's characterization of the broader aims of the Indian Child Welfare Act of 1978 and of biology's role within it... 2014  
Ashley Albert , Amy Mulzer ADOPTION CANNOT BE REFORMED 12 Columbia Journal of Race and Law 1 (July, 2022) I. Introduction. 2 II. Adoption as Family Regulation. 8 A. Child-Saving and the Creating of Legal Adoption. 10 B. Georgia Tann and the Development of Sealed Records. 14 C. The Baby Scoop Era. 16 D. The Rise of Transracial Adoption, the Modern Family Regulation System, and the Permanency Ideal. 18 1. The Indian Adoption Project. 18 2. The... 2022  
David E. Wilkins African Americans and Aboriginal Peoples: Similarities and Differences in Historical Experiences 90 Cornell Law Review 515 (January, 2005) In August of 2003, Harvard University hosted a major conference, organized by the Civil Rights Project, titled Segregation and Integration in America's Present and Future. The conference was appropriately subtitled the Color Lines Conference, in reference to W.E.B. Du Bois's classic 1903 study The Souls of Black Folk. This sprawling conference; Search Snippet: ...Indian religious practices and traditional forms of government, separation of Indian children from their homes, wholesale spoliation of treaty-guaranteed resources, forced... 2005  
Kathryn E. Fort AFTER BRACKEEN: FUNDING TRIBAL SYSTEMS 56 Family Law Quarterly 191 (2022-2023) The purpose of the Indian Child Welfare Act was to allow tribes to make decisions for their own families, rather than state courts and agencies. Again and again, tribal leaders stated that they knew what to do for their tribes. Lost in our current fights over ICWA in the Supreme Court is the history of tribal leaders trying to secure funding for... 2023  
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  
Bette Jacobs, Mehgan Gallagher, Nicole Heydt Aging in Harmony: Creating Culturally Appropriate Systems of Health Care for Aging American Indian/alaska Natives 22 Journal of Gender, Race and Justice Just. 1 (Spring, 2019) Aging is inevitable--it happens to all of us--but it is not a homogeneous experience. Aging people are among the most vulnerable populations in the world, and thus deserve our care and compassion. This is particularly true of aging American Indian and Alaska Natives (AI/ANs), who face unique barriers to accessing health care due to geographic; Search Snippet: Natives. [FN43] Such policies also led to Bureau of Indian Affairs (BIA) boarding schools which removed children from their families to teach them... 2019  
Kelly Monahan AGING OUT OF FOSTER CARE AND OVER THE SERVICE CLIFF: ANALYSIS OF THE FAMILY FIRST PREVENTION SERVICES ACT AND STATES' PARENS PATRIAE DUTY TO SUPPORT OLDER YOUTH IN AND AGING OUT OF FOSTER CARE 19 Rutgers Journal of Law & Public Policy 235 (Spring, 2022) In the U.S. today there are over 400,000 children and youth in foster care. In 2020, less than half of the children and youth discharged from foster care were reunified with their parents and approximately 20,000 young people aged out of foster care. Aging out refers to the transition to adulthood for older youth in foster care when no legal... 2022  
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  
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