AuthorTitleCitationSummaryYearKey Term
Torey Dolan CONGRESS' POWER TO AFFIRM INDIAN CITIZENSHIP THROUGH LEGISLATION PROTECTING NATIVE AMERICAN VOTING RIGHTS 59 Idaho Law Review 47 (2023) American Indians' path to citizenship and the franchise has not been straightforward nor simple. The legacy of this complicated path bears out today in the myriad of ways that Native Americans lack equitable access to voting in state and federal elections and otherwise face barriers to participating in the body politic that non-Indians do not.... 2023  
Kristen A. Carpenter Considering Individual Religious Freedoms under Tribal Constitutional Law 14-SPG Kansas Journal of Law & Public Policy 561 (Spring, 2005) Environment, culture, religion, and life are very much interrelated. Indeed, they are often one and the same. Water for example, is the lifeblood of the people. I recall taking a draft tribal water code for public input into the five villages .. Protection of the water spirits was a major concern throughout the reservation. And the water spirits; Search Snippet: ...massacres of people engaged in religious dances, federal laws criminalizing Indian religious practices, federally funded programs assigning Christian missionaries to reservations, the removal of Indian children from their families to Christian boarding schools, and other programs tied closely to the federal project of conquering, colonizing, and assimilating American Indians. [FN25] As recently as 1988, the United States Supreme Court... 2005  
Patrice H. Kunesh Constant Governments: Tribal Resilience and Regeneration in Changing Times 19-FALL Kansas Journal of Law & Public Policy Pol'y 8 (Fall 2009) The landscape of history tells us that tribes are resilient governing institutions. They have withstood the forces of alienation and assimilation because their constancy is rooted in their culture and their land. Those forces are still afoot in dispiriting Supreme Court decisions and in the country's economic demise. Today, tribes throughout the; Search Snippet: ...a corrosive course of action using education to target American Indian children as objects of blatant cultural genocide. [FN62] In the late... 2009  
Monica Shaffer CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS 49 Mitchell Hamline Law Review 403 (April, 2023) I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... 2023 Boarding School
Genevieve Frances Steel Constructing the Trident of the Reasonable Person: Enough Is Enough! It's Time for the Reasonable Indian Standard 12 Elon Law Review 62 (2020) I. Introduction. 64 II. Background. 68 A. American Indian Statistics. 68 B. Historical Trauma. 71 1. American Indian Genocide. 73 2. Colonization and Boarding Schools. 75 C. Trauma Affects Cognition, Emotional Control, and Reasoning. 77 D. Acculturation and Its Effect on Native Health. 81 III. The Reasonable Indian Standard. 84 A. The Reasonable; Search Snippet: ...One of the prominent causes of Historical Trauma for American Indians occurred through boarding school trauma. [FN78] Studies reveal that abuse from boarding school traces back through generations of Indians and is manifested in addiction, cycles of incest, anger, rage, depression, and hopelessness found in American Indians today. [FN79] During the Assimilation period, [FN80] which is a period in Indian history under the umbrella of 2020  
Annette R. Appell Controlling for Kin: Ghosts in the Postmodern Family 25 Wisconsin Journal of Law, Gender & Society 73 (Spring, 2010) Amid the many transformations that have reshaped the study of kinship over time, the question of the significance of biological facts has remained a persistent quagmire - as easy to fall into as it is difficult to leave behind. Abstract. 74 Introduction. 74 I. Bionormative Regulation of Families and the Production of Liberty. 79 A. The; Search Snippet: ...of federal and state policy led to the removal of Native American children from their homes and tribes to boarding schools [FN207] and Anglo-American families. [FN208] This process of... 2010  
Joonu-Noel Andrews Coste COVID-19, HEALTH JUSTICE, AND THE PRIVILEGE OF SPACE: A NEW CRITICAL INTERSECTIONAL FRAMEWORK FOR CREATING A PRESCRIPTION FOR EQUAL WELL-BEING AND APPLIED TO ADDRESSING HEALTH OF CHILDREN RESIDING IN PSYCHIATRIC INSTITUTIONS 43 Campbell Law Review 309 (Spring, 2021) When day comes we ask ourselves, / where can we find light in this never-ending shade? / The loss we carry, / a sea we must wade / We've braved the belly of the beast / We've learned that quiet isn't always peace / And the norms and notions / of what just is / Isn't always justice / And yet the dawn is ours / before we knew it / Somehow we do it /... 2021  
Ali Murat Gali CRAWLING OUT OF FEAR AND THE RUINS OF AN EMPIRE: QUEER, BLACK, AND NATIVE INTIMACIES, LAWS OF CREATION AND FUTURES OF CARE 34 Yale Journal of Law & Feminism 176 (2023) L1-2Table of Contents Introduction. 177 Part I. Relational Possibilities Under the Siege of Equality: Privatized Romances of Sensuality and the Family. 184 A. Lawrence v. Texas and Domesticated Sensualities. 187 B. Obergefell v. Hodges and Fantasizing Privatized Marriage. 193 Part II. Privatized Subjects in Lifeless Streets: Ethical Ramifications... 2023  
Emma VanderWeyst CREATING AND MAINTAINING CONSISTENT STANDARDS REGARDING THE ROLE OF PARENTAL SUBSTANCE ABUSE AT SHELTER CARE HEARINGS IN WASHINGTON STATE 98 Washington Law Review 763 (June, 2023) Abstract: When Child Protective Services (CPS) removes children from their home in Washington State, the State must hold a shelter care hearing within seventy-two hours to determine where the children should be placed while the investigation and dependency hearing proceed. RCW 13.34.065 requires the State to return a child to their parent's care if... 2023  
Lucas Lixinski , Stephen Young CREATIVE DIFFERENCES: INDIGENOUS ARTISTS AND THE LAW AT 20 CENTURY NATION-BUILDING EXHIBITIONS 45 Hastings International and Comparative Law Review 3 (Winter 2021) Indigenous peoples in major common law jurisdictions (Australia, Canada, New Zealand, and the United States) have had a fraught relationship with the state's legal system. However, while denying Indigenous individuals and peoples the same rights as white settlers, each of these states used Indigenous art to create a distinctive national-state... 2021  
Angela R. Riley Crime and Governance in Indian Country 63 UCLA Law Review 1564 (August, 2016) Criminal jurisdiction in Indian country is defined by a central, ironic paradox. Recent federal laws expanding tribal criminal jurisdiction are, in many respects, enormous victories for Indian country, as they acknowledge and reify a more robust notion of tribal sovereignty, one capable of accommodating increased tribal control over safety and; Search Snippet: ...must be weighed in prosecuting Indians--who are parents to Indian children, employees of the tribe, etc.--are present in these cases... 2016  
M. Brent Leonhard , Attorney, Confederated Tribes of the Umatilla Indian Reservation CRIMINAL JURISDICTION IN INDIAN COUNTRY 69 Department of Justice Journal of Federal Law and Practice 45 (March, 2021) Criminal jurisdiction in Indian country can be complex depending on where an incident occurs, whether the defendant or victim is an Indian, the type of crime alleged, treaty provisions, various state and federal court decisions, and federal regulations. Professor Robert Clinton described it as a jurisdictional maze. This complexity can present... 2021  
Michalyn Steele Cultivating Professional Identity and Resilience Through the Study of Federal Indian Law 2018 Brigham Young University Law Review 1429 (2018) C1-2Contents I. Introduction. 1429 II. Professional Identity Formation and the Study of Federal Indian Law. 1433 A. Commitment to Others. 1436 B. The Basics of Good Judgment to Help Clients. 1440 C. Cross-Cultural Competency. 1442 III. Cultivating Resilience Through the Study of Federal Indian Law. 1445 IV. Conclusion. 1448; Search Snippet: ...have the opportunity to contemplate cultural values in studying the Indian Child Welfare Act (ICWA). [FN55] ICWA is a federal statute that... 2018  
Barry Sautman Cultural Genocide and Tibet 38 Texas International Law Journal 173 (Spring 2003) I. Introduction. 174 II. Cultural Genocide in International Law and Politics. 177 A. Unquestioned Cultural Genocide. 177 B. The Convention and Cultural Genocide. 181 C. Indigenous Peoples, Cultural Genocide, and Ethnocide. 187 III. The Claim of Cultural Genocide in Tibet. 196 A. The Émigré Conception of Cultural Genocide. 196 IV. The Empirical; Search Snippet: ...favored destruction by civilization rather than by killing. [FN156] Ninety boarding schools for Native American children were established between 1878 and 1902. [FN157] Richard... 2003  
Guadalupe T. Luna Cultural, Ethnic, and Religious Fragmentation 20 Saint Thomas Law Review 622 (Spring 2008) I. Introduction. 622 II. Knowledge Production: The Essays. 623 III. Summary. 639 IV. Conclusion. 641; Search Snippet: ...the author targets the presentation of the heinous treatment of Indian children at the Pennsylvania based Carlisle School. [FN129] Established in 1879... 2008  
Tim Eigo CULTURE, DENIAL, JUSTICE 58-AUG Arizona Attorney 4 (July/August, 2022) Once again, leaders of the State Bar Indian Law Section are making us at the magazine look absolutely prophetic. The issue you hold in your hand or scroll through online took almost a year to put together. It started with deep thinking by Indian Law practitioners, followed by a call for content, consideration of submissions, hard choices, thorough... 2022  
Paula Polasky Customary Adoptions for Non-indian Children: Borrowing from Tribal Traditions to Encourage Permanency for Legal Orphans Through Bypassing Termination of Parental Rights 30 Law & Inequality: A Journal of Theory and Practice 401 (Summer 2012) In second grade I learned the word precious. Seeing the definition for the first time, I was overcome with a longing to be precious to somebody. Dear. Beloved. Of great value. I spent my childhood in a series of about 30 placements in foster homes, kinship care, shelter care, correctional institutions, treatment facilities, and group homes. Over; Search Snippet: ...Theory and Practice Summer 2012 Articles CUSTOMARY ADOPTIONS FOR NON- INDIAN CHILDREN: BORROWING FROM TRIBAL TRADITIONS TO ENCOURAGE PERMANENCY FOR LEGAL ORPHANS... 2012  
Marcia A. Zug Dangerous Gamble: Child Support, Casino Dividends, and the Fate of the Indian Family 36 William Mitchell Law Review 738 (2010) I. Introduction. 739 II. The Role of Children's Income on Child Support. 744 A. Duty of Child Support. 748 B. Case Law Concerning Children's Income. 749 C. The Hoak Case. 750 D. Policy Concerns. 753 E. The History of Parental Financial Exploitation. 755 III. The Cypress Difference. 757 A. The Indian Difference. 758 B. The Role of the Indian Family; Search Snippet: ...reach a decision regarding the appropriateness of child support for Indian children receiving casino dividends, but it is a decision that will... 2010  
Ann Piccard Death by Boarding School: "The Last Acceptable Racism" and the United States' Genocide of Native Americans 49 Gonzaga Law Review 137 (2013-2014) For the survivor who chooses to testify, it is clear: His duty is to bear witness for the dead and for the living. He has no right to deprive future generations of a past that belongs to our collective memory. To forget would be not only dangerous but also offensive; to forget the dead would be akin to killing them a second time. I. Introduction; Search Snippet: ...LAW REVIEW Gonzaga Law Review 2013-2014 Article DEATH BY BOARDING SCHOOL: THE LAST ACCEPTABLE RACISM AND THE UNITED STATES' GENOCIDE OF NATIVE AMERICANS Ann Piccard [FNa1] Copyright (c) 2013 The Corporation of... 2014 Boarding School
Julie Novkov DEATH DROP: THE ROBERTS COURT, LEGITIMACY, AND THE FUTURE OF DEMOCRACY IN THE UNITED STATES 83 Maryland Law Review 77 (2023) Left critics of the Roberts Court have objected to the Court's decisions, but also to its efforts to transform the Constitution and constitutional interpretation, upending longstanding organizations of political power and the structure and scope of rights. These critics have questioned the Court's legitimacy, noting the unpopularity of some of... 2023  
Adam Crepelle Decolonizing Reservation Economies: Returning to Private Enterprise and Trade 12 Journal of Business, Entrepreneurship and the Law 129 (2019) Introduction. 129 I. History. 132 A. Prior to 1776. 132 B. The United States Indian Policy from 1776-1970. 139 II. Governments Still Holding Indian Businesses Back. 159 A. Federal Laws and Policies that Stifle Reservation Economies. 159 B. States v. Tribes. 164 C. How Tribes Hurt Themselves. 167 III. Returning to Traditional Tribal Business; Search Snippet: ...Kristen A. Carpenter, Chapter 9: Individual Religious Freedoms in American Indian Tribal Constitutional Law, in The Indian Civil Rights Act At Forty 160; Wallace Coffey & Rebecca Tsosie... 2019  
David E. Bernstein Defending the First Amendment from Antidiscrimination Laws 82 North Carolina Law Review 223 (December, 2003) Of late, leading legal scholars have argued that the First Amendment should not stand in the way of restrictions on freedom of expression intended to alleviate discrimination. A powerful, normative defense of the First Amendment from the competing claims of the antidiscrimination agenda is therefore greatly needed. This Essay seeks to provide the; Search Snippet: ...everywhere else, Japanese Americans were incarcerated in concentration camps, American Indian children were removed from their parents and forcibly assimilated in boarding schools, and male homosexuals were generally thought to be pedophilic... 2003  
Janice Beller DEFENDING THE GOLD STANDARD: AMERICAN INDIAN TRIBES FIGHT TO SAVE THE INDIAN CHILD WELFARE ACT 65-FEB Advocate 16 (February, 2022) While most folks rush in and out of their local post office, indifferently dropping off or picking up mail on their way to somewhere else, Malissa Poog remembers the Blackfoot Post Office with an entirely different set of feelings. Melissa, a member of the Shoshone-Bannock Tribe, fondly remembers often visiting the post office with her mother as a... 2022 Child Welfare
Judith Resnik Dependent Sovereigns: Indian Tribes, States, and the Federal Courts 56 University of Chicago Law Review 671 (Spring, 1989) Introduction I. Creating the Boundaries of Jurisprudential Thought About the Federal Courts A. A Course of Study B. Premises of the Law of Federal Courts II. The Indian Tribes' Relationship to the United States III. Reasons to Give Voice A. The Interdependencies of Norms 1. Sovereignty and Membership 2. New and Old Customs 3. Codification of; Search Snippet: ...has been the policy of the United States to encourage Indian children to live away from their homes, to go to boarding schools and to meet individuals other than those from their... 1989  
Carole Goldberg Descent into Race 49 UCLA Law Review 1373 (June, 2002) Unlike Indian nations themselves, some federal and state courts are conceptualizing Indian identity as a racial identity. Courts, in turn, are using this racialized understanding of Indian identity as the basis for invalidating federal laws, such as the Reindeer Act and the Indian Child Welfare Act, that Congress passed to address tribal needs; Search Snippet: ...invalidating federal laws, such as the Reindeer Act and the Indian Child Welfare Act, that Congress passed to address tribal needs. Some... 2002  
Dr. Cynthia Price Cohen Development of the Rights of the Indigenous Child under International Law 9 Saint Thomas Law Review 231 (Fall 1996) In 1994, the United Nations dedicated the ten-year period starting December 10, 1994, as the Decade of the World's Indigenous People. At the end of the decade, children who were born during the International Year for the World's Indigenous People (1993) will be approaching puberty, while those who were pre-teens that year will have become young; Search Snippet: ...situations similar to those in the United States in which Indian children were sent to distant boarding schools or adopted by non- Indian families. [FN111] Article 11 addresses the protection of indigenous people... 1996  
Shira Kieval Discerning Discrimination in State Treatment of American Indians Going Beyond Reservation Boundaries 109 Columbia Law Review 94 (January, 2009) Generally, federal Indian law cases focus on jurisdiction inside of Indian Country. Occasionally, however, challenges arise about the application of state law to American Indians outside of Indian Country. In 1973, and again in 2005, the Supreme Court announced that [a]bsent express federal law to the contrary, Indians going beyond reservation; Search Snippet: ...returning to a goal of rapid assimilation of American Indians. Indian children were sent to off-reservation boarding schools to receive American educations. [FN53] Legislation terminated treaties of... 2009  
Alisa Cook Lauer 2000 Dispelling the Constitutional Creation Myth of Tribal Sovereignty, United States V. Weaselhead 78 Nebraska Law Review 162 (1999) Long ago There were no Stars, no moon, no sun. There was only darkness and water. A raft floated on the water, and on the raft sat a turtle. Then from the sky, a spirit came down and sat on the raft. Who are you? asked turtle. Where do you come from? I came from above, answered the spirit. Can you create some land for us? asked turtle. We; Search Snippet: ...495 (1898) (the Curtis Act). Congress's assimilationist policies to civilize Indians promoted taking Indian children from their parents and requiring them to attend boarding schools, and prohibited Indians from engaging in their traditional religious practices. See Cases and... 1999  
Cynthia Godsoe DISRUPTING CARCERAL LOGIC IN FAMILY POLICING 121 Michigan Law Review 939 (April, 2023) Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World. By Dorothy Roberts. New York: Basic Books. 2022. Pp. 11, 303. $32. Among a growing consensus that the criminal legal system is oversized, racist, and ineffective at preventing harm, the child welfare/family-policing system continues to be... 2023  
Bethany R. Berger Diversely Native 62-JUN Federal Lawyer 54 (June, 2015) Many federal Indian law professors have experienced some version of the following: We go to a law school to give a workshop on a specific aspect of federal Indian law and get a question along the lines of Why should there be tribes? One might compare it to giving a talk on a specific aspect of constitutional or international law and getting the; Search Snippet: ...FN5] In Adoptive Couple v. Baby Girl [FN6] concerning the Indian Child Welfare Act (ICWA), the U.S. Supreme Court focused on the... 2015  
Nell Clement Do "Reasonable Efforts" Require Cultural Competence? The Importance of Culturally Competent Reunification Services in the California Child Welfare System 5 Hastings Race and Poverty Law Journal 397 (Summer 2008) With the enactment of the Adoption and Safe Families Act of 1997 (ASFA), the American child welfare system prioritized permanence. The ASFA sets a rigid time frame for attempts at family reunification and non-compliance with this time frame can result in the termination of parental rights. The ASFA approach moves away from the presumption that; Search Snippet: ...cultural community's children. However, hindsight reveals the disastrous effects these boarding schools had on Native American children, parents, and communities. [FN157] As Van Praagh writes... 2008 Child Welfare
Karen Gray Young Do We Have it Right this Time? An Analysis of the Accomplishments and Shortcomings of Washington's Indian Child Welfare Act 11 Seattle Journal for Social Justice 1229 (Spring, 2013) Jessie Scheibner's eyes cloud with tears and her voice trembles as she talks about the day, almost 70 years ago, when a stranger's car pulled up to her parents' home on the Port Gamble S'Klallam Reservation and took her and her two sisters away. The memories of that car ride when she was three and the years spent in one foster home after another; Search Snippet: ...TIME? AN ANALYSIS OF THE ACCOMPLISHMENTS AND SHORTCOMINGS OF WASHINGTON'S INDIAN CHILD WELFARE ACT Karen Gray Young [FNa1] Copyright © 2013 by Seattle... 2013 Child Welfare
Sumaya H. Bouadi DOMESTIC VIOLENCE, THE INDIAN CHILD WELFARE ACT, AND ALASKA NATIVES: HOW DOMESTIC VIOLENCE IS WEAPONIZED AGAINST ALASKA NATIVE SURVIVORS 33 Yale Journal of Law & Feminism 169 (2021) After the forced separation of Indian families, Congress passed the Indian Child Welfare Act (ICWA) to create heightened procedural protections to maintain and preserve Indian families. Following Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), courts have indicated concern that the heightened standards of ICWA may be overbroad and harm... 2021 Child Welfare
Gabriel J. Chin DRED SCOTT AND ASIAN AMERICANS 24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... 2022  
Robert J. Miller Economic Development in Indian Country: Will Capitalism or Socialism Succeed? 80 Oregon Law Review 757 (Fall 2001) I. Traditional American Indian Economies and Private Property Concepts. 764 A. Indian Private Property Rights. 767 1. Land. 767 2. Private Property Rights Other Than Land. 773 3. Wealth Accumulation. 776 B. Tribal Economies. 780 1. Tribal Economic Management. 781 2. Tribal and Individual Indian Trading. 785 a. Native Trading Networks. 786 b. Tribal; Search Snippet: ...and state schools on or near reservations that serve many Indian children have numerous needs and are below the U.S. school averages... 2001  
Francis Paul Prucha, S.J. Education of American Indians in the Age of Brown V. Board of Education 89 Marquette Law Review 87 (Fall 2005) I have been asked to comment briefly on the impact of Brown v. Board of Education upon the American Indians. The Indians, after all, can be considered a minority within the nation who have faced discrimination and oppression and who, in some ways, have a history parallel to that of African Americans. We may be forgiven if we are tempted to ask in; Search Snippet: ...will deal only with education policy as it affected American Indian children, from the 1950s to the present day. You will see... 2005  
Caroline A. Veniero EDUCATION'S DEEP ROOTS: HISTORICAL EVIDENCE FOR THE RIGHT TO A BASIC MINIMUM EDUCATION 88 University of Chicago Law Review 981 (June, 2021) For decades, the U.S. Supreme Court has left open the question whether the U.S. Constitution protects a right to some amount of education. While such a right is not specifically enumerated in the Constitution, advocates have long argued for the existence of an implicit, fundamental right to a basic minimum education under the Due Process Clause of... 2021  
Lindsey Trainor Golden Embracing Tribal Sovereignty to Eliminate Criminal Jurisdiction Chaos 45 University of Michigan Journal of Law Reform 1039 (Summer 2012) American Indians living on reservations experience some of the highest crime rates in the United States. Reservations endure violent crimes, including assault, domestic violence, and rape, at rates 2.5 times higher than the national average. These crimes have an especially strong impact on Indian women: nearly three out of five Indian women are; Search Snippet: ...Indian tribes in 1871. [FN33] The federal government also forced Indian children to attend boarding schools. [FN34] These schools were often located far from reservations and had policies intended to assimilate Indian children into Anglo-American culture, such as forcing them to cut... 2012  
Senator Byron L. Dorgan, Joanne Shenandoah Ending Violence So American Indian Alaska Native Children Can Thrive 40-MAY Human Rights 10 (May, 2015) The children of the first Americans should not be left behind. Yet, that is what American Indian and Alaska Native (AI/AN) children have been facing for decades. Inadequate schools, housing, health care, and more have created conditions that cannot continue. These children have been disadvantaged by the false promises that were made to American; Search Snippet: ...land, culture, and language and the abuse of generations of Native children in American boarding schools. We heard that, through a tragic history of broken... 2015  
Donna Coker Enhancing Autonomy for Battered Women:lessons from Navajo Peacemaking 47 UCLA Law Review Rev. 1 (October, 1999) In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as; Search Snippet: ...1870s until the early 1900s, the U.S. federal government removed Indian children, often forcibly, from their parents and sent them hundreds of miles away to boarding schools. [FN91] Children were often not allowed to speak their... 1999  
Antonio M. Coronado ENVISIONING REPARATIVE LEGAL PEDAGOGIES 30 Clinical Law Review 65 (Fall, 2023) As numerous reports, student movements, and forms of scholarship-activism have noted, the traditional U.S. law school classroom remains a space of hierarchy, privilege, and unnamed systems of power. Particularly for students holding historically marginalized and minoritized identities, legal education remains both a remnant of and conduit for... 2023  
Ann Laquer Estin EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT: STATES, TRIBAL NATIONS, AND FAMILY LAW 35 Journal of the American Academy of Matrimonial Lawyers 201 (2022) The complex legal relationship between states, the United States, and Native nations can produce serious confusion in family law. Our system of federal Indian law, developed over several centuries, recognizes tribal sovereignty and defines the scope of state power with respect to federally-recognized Indian lands and communities. For the most part,... 2022 Child Welfare
Neoshia R. Roemer EQUAL PROTECTION FOR THE BENEFICIARIES (PARENTS) OF COLONIALISM 71 University of Kansas Law Review 595 (May, 2023) Parents' rights are in flux right now. As loud as some critics are about the strengthening of parents' rights and protections, it seems that those protections are largely meant to serve the beneficiaries of colonialism. Haaland v. Brackeen provides a prime example of these times as beneficiaries of colonialism challenge the Indian Child Welfare Act... 2023  
Angela P. Harris Equality Trouble: Sameness and Difference in Twentieth-century Race Law 88 California Law Review 1923 (December, 2000) Introduction. 1925 I. The First Reconstruction: Prelude to the Twentieth Century. 1930 A. The Legal Structure of the First Reconstruction. 1931 B. Dismantling Reconstruction: The Southern Redemption. 1936 II. Race Law in the Age Of Difference. 1937 A. Civilization and Self-Determination: The Increasing Importance of Race. 1938 B. Race Law and; Search Snippet: ...low with respect to relations between the federal government and Indian tribes. Government policy in the assimilation period had entailed allotment of Indian lands, the removal of political power over their own affairs from the tribes, the coerced destruction of Indian cultures through Americanization programs such as boarding schools for Indian children, the suppression of Indian... 2000  
Lucy Dempsey EQUITY OVER EQUALITY: EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT 77 Washington and Lee Law Review Online 411 (April 19, 2021) In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of... 2021 Child Welfare
Ziwei Hu Equity's New Frontier: Receiverships in Indian Country 101 California Law Review 1387 (October, 2013) Southern California's Coachella Valley is one of the poorest regions in the country. Its location in Riverside County--which is within close proximity to some of the nation's wealthiest citizens and also the U.S.-Mexico border--along with the county's dependence on the agriculture industry has contributed to a significant demand for low-wage farm; Search Snippet: ...law was passed requiring him to conform to white institutions. Indian children were kidnapped and forced into boarding schools thousands of miles from their homes to learn the... 2013  
Timothy Sandefur Escaping the Icwa Penalty Box: in Defense of Equal Protection for Indian Children 37 Children's Legal Rights Journal J. 1 (2017) In early 2016, a six-year-old Californian child named Lexi was taken from the arms of her weeping foster parents, Rusty and Summer Page, and sent to live with her step-second-cousin in Utah instead. She had lived with the Pages for four of her six years of life, after Los Angeles child welfare officials removed her from her drug-addicted mother; Search Snippet: ...THE ICWA PENALTY BOX: IN DEFENSE OF EQUAL PROTECTION FOR INDIAN CHILDREN Timothy Sandefur [FNa1] Copyright © 2017 by Children's Legal Rights Journal... 2017  
Jennifer S. Hendricks Essentially a Mother 13 William and Mary Journal of Women and the Law 429 (Winter, 2007) This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental; Search Snippet: ...children to survive and reproduce itself. The prospect of Spartan boarding schools in this country may seem an idle threat, but... 2007  
Pat Sekaquaptewa Evolving the Hopi Common Law 9-SUM Kansas Journal of Law & Public Policy 761 (Summer, 2000) But will you, friend, explain to me that which I cannot understand? Why do the white people want to stop our dances and our songs? Why do they trouble us? Why do they interfere with what can harm them not? What ill do we do any white man when we dance? Lololomai, white men do not understand your dances or your songs. They do not even know one word; Search Snippet: ...oldest and largest villages. [FN12] By 1934, the federal government's boarding schools, Indian agents, police, judge and jail were well established in Hopi... 2000  
Robert J. Miller Exercising Cultural Self-determination: the Makah Indian Tribe Goes Whaling 25 American Indian Law Review 165 (2000-2001) Save a Whale, Harpoon a Makah American Indian tribes and Alaskan and Hawaiian natives have long suffered under the cultural oppression of European and American societies. As a result many tribal traditions, cultures, and languages have disappeared from the North American continent and Hawaiian Islands. Today, American Indian tribes and native; Search Snippet: ...be ashamed of their own families, culture, and language. [FN209] Boarding schools were used at Makah from roughly 1870-1940 the same as in the rest of Indian country to teach Indian children civilized ways and to eradicate Indian culture. [FN210] Makah families were forced to send their children... 2001  
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