Courtney Lewis Pathway to Permanency: Enact a State Statute Formally Recognizing Indian Custodianship as an Approved Path to Ending a Child in Need of Aid Case 36 Alaska Law Review 23 (June, 2019) Alaska has a disproportionate number of Alaska Native youth in foster care, and an overburdened and understaffed state child welfare agency. This Article argues that Alaska should enact a state statute to provide clear guidance to state child welfare practitioners and state courts that Alaska's state government recognizes an Indian custodianship; Search Snippet: ...created through Tribal law or custom as a pathway for Indian children to exit the overburdened state foster care system. Alaska's state... 2019
Peggy Cooper Davis Post-colonial Constitutionalism 44 New York University Review of Law and Social Change Change 1 (2019) This Article is drawn from remarks delivered by Professor Peggy Cooper Davis at the inaugural Elie Hirschfeld Symposium on Racial Justice in the Child Welfare System, held on January 23, 2019. For a full transcript of Professor Cooper Davis' remarks, see Appendix at the end of this issue. I. Introduction. 1 II. In what sense are we a post-colonial; Search Snippet: ...undertakes a kind of cultural or educational conversion. Kidnapping of Native children to boarding schools for socialization comes to mind, [FN1] as do the... 2019
Kristen A. Carpenter, Angela R. Riley Privatizing the Reservation? 71 Stanford Law Review 791 (April, 2019) Abstract. The problems of American Indian poverty and reservation living conditions have inspired various explanations. One response advanced by some economists and commentators, which may be gaining traction within the Trump Administration, calls for the privatization of Indian lands. Proponents of this view contend that reservation poverty is; Search Snippet: ...listen to Survivors, communities and others affected by abuse of Indian children in government-run boarding schools. [FN456] Based on the testimony it received, the Commission... 2019
Bethany R. Berger Savage Equalities 94 Washington Law Review 583 (June, 2019) Abstract: Equality arguments are used today to attack policies furthering Native rights on many fronts, from tribal jurisdiction over non-Indian abusers to efforts to protect salmon populations in the Pacific Northwest. These attacks have gained strength from a modern movement challenging many claims by disadvantaged groups as unfair special; Search Snippet: ...United States. Tribal removal, confinement on reservations, involuntary allotment and boarding schools, tribal termination--all were justified, in part, as necessary to achieve individual Indian equality. The results of these policies, justified as equalizing the... 2019
Milo Colton Texas Indian Holocaust and Survival: Mcallen Grace Brethren Church V. Salazar 21 Scholar: St. Mary's Law Review on Race and Social Justice 51 (2019) When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in; Search Snippet: ...government, in an attempt to civilize American Indians, regularly kidnapped Indian children to educate them. [FN184] In 1892, Captain Richard Pratt, the founder of the first Indian boarding school in Carlisle, Pennsylvania stated the objective of removing Indian children from their families and educating them in boarding schools hundreds of miles from their homes was to make certain that all the Indian... 2019
Adriana M. Orman The Causal Effect: Implications of Chronic Underfunding in School Systems on the Navajo Reservation 40 Mitchell Hamline Law Journal of Public Policy and Practice 242 (Spring, 2019) I. Introduction. 242 II. Characteristics of the Navajo Reservation. 249 III. An Overview of Indian Jurisprudence in the United States Supreme Court. 252 IV. The Imposition of Eurocentric Education on Native Americans: Assimilation and Repression. 257 A. Treaty Making. 257 B. Allotment and Assimilation Era. 258 C. The Indian Reorganization Era. 260; Search Snippet: ...FN97] The painful legacy that has followed is known around Indian Country as the Boarding School Era. The Navajo Treaty of 1868, like other treaties... 2019
Danielle J. Mayberry The Origins and Evolution of the Indian Child Welfare Act 14 Judicial Notice 34 (2019) Since first contact, federal Indian policy and law has impacted American Indian children and families, targeting them as a means to assimilate Indian Nations into American society. In the beginning, Indian children were targeted for military and diplomatic purposes in order to undermine tribal resistance. This assimilation policy later shifted; Search Snippet: ...Notice 2019 Featured Article THE ORIGINS AND EVOLUTION OF THE INDIAN CHILD WELFARE ACT Danielle J. Mayberry [FNa1] Copyright © 2019 by The... 2019
Neoshia R. Roemer The Violence Against Women Act of 2018: a Step in the Right Direction for Indian Children and Federal Indian Law 66-APR Federal Lawyer 52 (March/April, 2019) It is well-settled law that if a person who violates the laws of the United States is a resident of another country, that person falls within the criminal jurisdiction of the United States. Similarly, if a person crosses state lines and commits child abuse in another state, he or she falls under the jurisdiction of the state where the crime was; Search Snippet: ...ACT OF 2018: A STEP IN THE RIGHT DIRECTION FOR INDIAN CHILDREN AND FEDERAL INDIAN LAW Neoshia R. Roemer [FNa1] Copyright © 2019... 2019
Lori V. Quigley, Ph.D. Thomas Indian School 14 Judicial Notice 48 (2019) In the late 1800s, the United States created special boarding schools in locations all over the United States, with the purpose of civilizing American Indian youth. It was an educational experiment, one that the government hoped would change the traditions and customs of American Indians. In the past several decades, research into these boarding; Search Snippet: ...Ph.D. I n the late 1800s, the United States created special boarding schools in locations all over the United States, with the purpose of civilizing American Indian youth. It was an educational experiment, one that the government... 2019
Kelly Gaines-Stoner Tribal Judicial Sovereignty: a Tireless and Tenacious Effort to Address Domestic Violence 53 Family Law Quarterly 167 (Fall, 2019) As of 2018, 573 Native American tribes were legally recognized by the Bureau of Indian Affairs (BIA) of the United States. Of the 573 tribes, 231 tribes are located in Alaska. The health and wellbeing of all Native families is in peril as Native women and their children are exposed to domestic violence and other multiple forms of violence in Indian; Search Snippet: ...colonization movement only served as an opportunity to further victimize Native women and children by diminishment in the status of women, destruction and disease, boarding schools, and learned violence. While tribal cultures vary considerably, common... 2019
Monika Batra Kashyap Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System 46 Fordham Urban Law Journal 548 (June, 2019) This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called settler colonialism, which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration; Search Snippet: ...of Indigenous children from their families to government-funded residential boarding schools provides a quintessential example of a settler colonial cultural... 2019
Summer Blaze Aubrey Violence Against the Earth Begets Violence Against Women: an Analysis of the Correlation Between Large Extraction Projects and Missing and Murdered Indigenous Women, and the Laws That Permit the Phenomenon Through an International Human Rights Lens 10 Arizona Journal of Environmental Law & Policy 34 (Fall, 2019) This note examines the prevalence of sex trafficking of Native women and children, and the correlation those rates have with large extraction projects, such as the Bakken Oil Fields in North Dakota, and the camps (man camps) that employees live in. In order to fully flesh out the phenomenon accurately, this note walks through pertinent history; Search Snippet: frontier. Hunting never ended; [FN42] it only evolved. The Indian Boarding School Policy began in 1869 as a result of the Indian Civilization Act Fund, [FN43] the Peace Policy of 1869, [FN44... 2019
Jamie R. Abrams Why the Legal Strategy of Exploiting Immigrant Families Should Worry Us All 14 Harvard Law & Policy Review 77 (Summer, 2019) This article applies a family law lens to explore the systemic and traumatic effects of modern laws and policies on immigrant families. A family law lens widens the scope of individuals harmed by recent immigration laws and policies to show why all families are affected and harmed by shifts in state power, state action, and state rhetoric. The; Search Snippet: ...the Emancipation Proclamation need look no further than the notorious Indian boarding schools - U.S. government or church run institutions that snatched Indigenous... 2019
Chante Westmoreland An Analysis of the Lack of Protection for Intangible Tribal Cultural Property in the Digital Age 106 California Law Review 959 (June, 2018) This Note analyzes how the current push for digitization of library and museum collections exacerbates the infringement and appropriation of intangible tribal cultural property and how current statutory schemes fail to adequately protect such property. Cultural property includes any sacred traditional knowledge essential to tribal ways of life and; Search Snippet: a Tool for Cultural Protection: The Example of The Indian Child Welfare Act 978 3. Inadequacy of Existing Tangible Cultural Property... 2018
Anastasia Doherty Choosing to Raise a Child Conceived Through Rape: the Double-injustice of Uneven State Protection 39 Women's Rights Law Reporter 220 (Spring/Summer, 2018) In the aftermath of my rape, my method of coping--no, my method of surviving--was to resolutely pretend that my rape had never occurred. I treated it as a fictitious nightmare. I convinced myself that if I just lived as I had before, I would be as I had before. Different plans were in store for me. A month after my rape, I learned I was; Search Snippet: ...fifteen percent of the nation's children are Black. [FN317] American Indian children are nearly four times more likely to be placed in... 2018
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
Allison Elder Indian as a Political Classification: Reading the Tribe Back into the Indian Child Welfare Act 13 Northwestern Journal of Law & Social Policy 410 (Spring, 2018) In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in; Search Snippet: ...AS A POLITICAL CLASSIFICATION: READING THE TRIBE BACK INTO THE INDIAN CHILD WELFARE ACT Allison Elder Copyright © 2018 Northwestern University Pritzker School... 2018
Cassidy Wadsworth Skousen Minding the Gap: Improving Parental Involvement to Bridge Education Gaps Between American Indian and Non-indian Students 2018 Brigham Young University Education and Law Journal 193 (2018) The Navajo Tribe dislikes talking about the dead. The tribe refers to such conversation as talking in darkness. Michalyn Steele, a former attorney for the Department of Interior (DOI), learned this when she sat down with Navajo elders to discuss a spate of teenage American Indian suicides within the nation. The youth suicide rate among American; Search Snippet: ...The government also set out a disastrous education campaign for Indian children. [FN16] The tribes would not be dissuaded from their tribal... 2018
Sarah Krakoff Public Lands, Conservation, and the Possibility of Justice 53 Harvard Civil Rights-Civil Liberties Law Review 213 (Winter, 2018) The Bears Ears region includes narrow canyons that wind their way to the Colorado River, wild sandstone uplifts and towers, and troves of ancient Puebloan ruins. President Obama proclaimed Bears Ears as a National Monument on December 28, 2016 pursuant to his authority under the Antiquities Act, which authorizes the President to create monuments on; Search Snippet: ...tribal land base. [FN93] Assimilation policies, aimed likewise at converting Indians into yeoman farmers or laborers, removed Indian children from their homes and educated them in boarding schools where their languages, cultures, and dress were forbidden. [FN94... 2018
Sarah Deer, Mary Kathryn Nagle Return to Worcester: Dollar General and the Restoration of Tribal Jurisdiction to Protect Native Women and Children 41 Harvard Journal of Law & Gender 179 (Winter, 2018) C1-2Table of Contents Introduction. 180 I. Non-Indian Perpetrated Violence Against Native Women Was Designed to Secure Colonial Conquest and the Destruction of Tribal Nations. 187 A. Native Women Form the Foundation of Tribal Sovereignty. 187 B. Non-Indian Perpetuated Violence Was Purposefully Used Against Native Women and Children as a Form of; Search Snippet: ...Spaniards, are in the habit not only of carrying off Indian children, but also committing outrages against their women, and I have... 2018
W. Clinton “Buck” Sterling Sources of Alaska Legal History: an Annotated Bibliography, Part I 110 Law Library Journal 333 (Summer, 2018) The author provides an annotated bibliography of sources detailing the legal history of Alaska. Introduction. 334 Bibliography. 335 Alaska Bar, Practice and Education. 335 Alaska Constitution and Constitutional Law. 338 Alaska Court Procedure. 342 Alaska Legislature. 343 Alaska National Interest Lands Conservation Act (ANILCA). 343 Alaska Native; Search Snippet: ...Anchorage, 2001. [FN66] This report provides a historical analysis of Indian Child Welfare Act implementation in Alaska. It includes a review of... 2018
Elizabeth MacLachlan Tensions Underlying the Indian Child Welfare Act: Tribal Jurisdiction over Traditional State Court Family Law Matters 2018 Brigham Young University Law Review 455 (2018) State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying; Search Snippet: ...Brigham Young University Law Review 2018 Comment TENSIONS UNDERLYING THE INDIAN CHILD WELFARE ACT: TRIBAL JURISDICTION OVER TRADITIONAL STATE COURT FAMILY LAW... 2018
Gregory H. Bigler Traditional Jurisprudence and Protection of Our Society: a Jurisgenerative Tail 43 American Indian Law Review Rev. 1 (2018) This Article organizes thoughts from a long period of work and life exploring some of what uniquely guides traditional Euchee and Muscogee society. My participation in Euchee ceremonial life is a lens by which I view tribal, federal, and human rights law and processes. I hope to begin articulating a modern traditional Indian jurisprudence and find; Search Snippet: ...and several of their cousins. [FN64] Golaha Millie, unlike most Indians of that time, insisted the children all speak Euchee upon their return home from Indian boarding schools, regardless of them being punished for speaking it at... 2018
Geoffrey D. Strommer, Starla K. Roels, Caroline P. Mayhew Tribal Sovereign Authority and Self-regulation of Health Care Services: the Legal Framework and the Swinomish Tribe's Dental Health Program 21 Journal of Health Care Law and Policy 115 (2018) Across the United States, an important shift is taking place in the Indian health care arena. Over the past forty years, many American Indian Tribes have transitioned away from relying primarily on federal officials to provide a bare minimum in health care services to Indian people and have begun instead to develop and operate complex tribal health; Search Snippet: ...PHS reported in its 1957 Report, In 1892, Commissioner [of Indian Affairs Thomas J.] Morgan, having repeatedly exhorted Congress in the name of humanity to provide money for Indian hospitals at every agency and boarding school, described the lack of such facilities as a great... 2018
Barbara Stark When Genealogy Matters: Intercountry Adoption, International Human Rights, and Global Neoliberalism 51 Vanderbilt Journal of Transnational Law 159 (January, 2018) Those who believe in children's human rights need to promote children's basic human right to be liberated from the conditions under which they live in orphanages or on the street and to grow up with parents who can provide the loving nurturing that is essential for human flourishing. --Elizabeth Bartholet In short, there is a struggle for the; Search Snippet: ...the white man. [FN43] As Professor Lila George explains, the boarding school era, which began in the 1880s and continued until the Indian Adoption Project in the late 1950s, taught children that their... 2018
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
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
Kevin Heiner Are You My Father? Adopting a Federal Standard for Acknowledging or Establishing Paternity in State Court Icwa Proceedings 117 Columbia Law Review 2151 (December, 2017) This Note analyzes the difficulty that courts have in determining whether nonmarital fathers of Native American children are parents within the meaning of the Indian Child Welfare Act of 1978 (ICWA). Part I recounts the history leading to the enactment of ICWA and provides an overview of the subsequent interpretation of ICWA by the Supreme Court,; Search Snippet: ...Native American children are parents within the meaning of the Indian Child Welfare Act of 1978 (ICWA). Part I recounts the history... 2017
Deron Marquez Citizenship, Disenrollment & Trauma 53 California Western Law Review 181 (Spring, 2017) C1-2Table of Contents Introduction. 182 I. Citizenship. 184 II. Disenrollment Trailhead. 191 III. Disenrollment. 197 A. Jeffredo v. Macarro. 199 B. San Diego Health and Human Service Agency v. Michelle T. 202 C. Aftermath. 206 IV. Trauma. 207 Conclusion. 212; Search Snippet: ...Diego Health and Human Service Agency v. Michelle T. The Indian Child Welfare Act (ICWA) of 1978 [FN126] was crafted to assist in the placing of American Indian children into culturally favorable settings to cultivate the child's culture. ICWA was Congress's reaction to Indian children being placed into non-Indian homes (foster or adopted), which... 2017
Abi Fain , Mary Kathryn Nagle Close to Zero: the Reliance on Minimum Blood Quantum Requirements to Eliminate Tribal Citizenship in the Allotment Acts and the Post-adoptive Couple Challenges to the Constitutionality of Icwa 43 Mitchell Hamline Law Review 801 (2017) I. Introduction. 803 II. The Origins of Indian as a Political Reference to Citizenship Under Federal Law. 810 A. The Absence of Blood Quantum in Tribal and Federal Laws Pre-1887. 810 B. Congress Purposefully Excluded Indians--Citizens of Tribal Nations--from the Fourteenth Amendment. 815 III. The Use of Blood Quantum to Implement the Allotment; Search Snippet: ...before you can call, under the statute, a child an Indian child ? 3/256ths? I'm just wondering is 3/256ths close--close... 2017
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