AuthorTitleCitationSummaryYearKey Term
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:, 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: 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: 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  
Cassondra M. Church EXPOSED: HOW HIGH-PROFILE LITIGATION IMPACTS INDIAN CHILDREN'S PRIVACY 69-APR Federal Lawyer 26 (March/April, 2022) I reminisced about the memories that were frozen within each photo on a lazy Sunday afternoon. Each photograph was neatly kept in a large leatherbound photo album, beginning with a blurry photo of an ultrasound and ending with a photo of my high school graduation. As I flipped through the weathered pages, I remember thinking how impressive it was... 2022  
Rose Weston Facing the Past, Facing the Future: Applying the Truth Commission Model to the Historic Treatment of Native Americans in the United States 18 Arizona Journal of International & Comparative Law 1017 (2001) We have to face the unpleasant as well as the affirmative side of the human story, including our own story as a nation, our own stories of our peoples. We have got to have the ugly facts in order to protect us from the official view of reality. Bill Moyers, Journalist The history of the United States is rife with allegations of the most serious; Search Snippet: ...with its whole range of exclusionary practices. [FN197] Generations of Native American children were abducted from their families and confined in isolated boarding schools whose purpose, often openly stated, was to assimilate native tribes by destroying the connection between the children and their native cultures. [FN198] These historical examples of violence and mistreatment constitute... 2001  
Trevor G. Reed FAIR USE AS CULTURAL APPROPRIATION 109 California Law Review 1373 (August, 2021) Over the last four decades, scholars from diverse disciplines have documented a wide variety of cultural appropriations from Indigenous peoples and the harms these have inflicted. Copyright law provides at least some protection against appropriations of Indigenous culture--particularly for copyrightable songs, dances, oral histories, and other... 2021  
Sadie Hart FALLING THROUGH THE CRACKS: THE AMERICAN INDIAN FOSTER CARE TO SEXUAL EXPLOITATION PIPELINE AND THE NEED FOR EXPANDED AMERICAN INDIAN COMMUNITY SERVICES IN MINNESOTA 15 DePaul Journal for Social Justice 1 (Winter/Spring, 2021-2022) Following the discovery of hundreds of children's bodies at residential schools in Canada, United States Interior Secretary Deb Haaland called for an investigation into the federal government's oversight of American Indian boarding schools. This call highlights a growing awareness of the United States' legacy of violence against American Indians.... 2022  
Laverne F. Hill Family Group Conferencing: an Alternative Approach to the Placement of Alaska Native Children under the Indian Child Welfare Act 22 Alaska Law Review 89 (June, 2005) The Indian Child Welfare Act establishes a cultural safeguard for Alaska Native children caught up in the child welfare system by requiring professionals to make active efforts toward reunifying the child with family members and their tribe. Complying with this standard has been a challenge because the adversarial system governing the child; Search Snippet: ...APPROACH TO THE PLACEMENT OF ALASKA NATIVE CHILDREN UNDER THE INDIAN CHILD WELFARE ACT Laverne F. Hill [FNa1] Copyright (c) 2005 Alaska Law Review; Laverne F. Hill The Indian Child Welfare Act establishes a cultural safeguard for Alaska Native children... 2005 Child Welfare
David D. Meyer Family Law Equality at a Crossroads 2013 Michigan State Law Review 1231 (2013) C1-2Table of Contents Introduction. 1231 I. Where We've Come: An Equality Revolution. 1233 A. Gender. 1233 B. Race. 1235 C. Nonmarital Families. 1235 D. Autonomy Rights Protected Through Equality. 1236 II. The Road Ahead: The Hard Work of Calibrating Equality. 1241 A. Fewer Rigid Classifications. 1244 B. Recognition of More Conflicting (and Thus; Search Snippet: ...Veronica Case, challenging the disruption of an adoption under the Indian Child Welfare Act. [FN59] If the past fifty years have been... 2013  
Jennifer S. Hendricks Fathers and Feminism: the Case Against Genetic Entitlement 91 Tulane Law Review 473 (February, 2017) This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to; Search Snippet: ...also assist in avoiding or flouting the requirements of the Indian Child Welfare Act (ICWA), which governs jurisdiction and provides the substantive... 2017  
James G. Dwyer FAUX ADVOCACY IN AMICUS PRACTICE 50 Pepperdine Law Review 633 (April, 2023) Amicus brief filing has reached avalanche volume. Supreme Court Justices and lower court judges look to these briefs particularly for non-case-specific factual information--legislative facts--relevant to a case. This Article calls attention to a recurrent yet unrecognized problem with amicus filings offering up legislative facts in the many... 2023  
Kevin K. Washburn Federal Criminal Law and Tribal Self-determination 84 North Carolina Law Review 779 (March, 2006) Under the rubric of tribal self-determination, federal policymakers have shifted federal governmental power and control to tribal governments in nearly all areas of Indian policy. Normatively, this shift reflects an enlightened view about the role of Indian tribes in Indian policy. As a practical matter, it has also improved services to Indians; Search Snippet: ...of Justice's own study in the mid-1990s showed that Indian children under twelve are raped or sexually assaulted at a rate... 2006  
Maggie Blackhawk Federal Indian Law as Paradigm Within Public Law 132 Harvard Law Review 1787 (May, 2019) C1-3CONTENTS L1-2Introduction . L31791 I. Federal Indian Law as Paradigm. 1800 A. Colonialism and Constitutional History. 1801 B. Colonialism and Federal Indian Law as Paradigm Case. 1803 II. The Centrality of Federal Indian Law to Public Law. 1806 A. The Treaty Power. 1809 B. Separation of Powers. 1815 1. Federalism. 1816 2. Judicial Review. 1819; Search Snippet: ...reflection about America's history with colonialism and, in particular, the Indian reservation and boarding school system. From the Founding, the national government has had a direct hand in the violent dispossession of Native peoples, the internment of Natives into reservation camps, and efforts to kill the Indian and save the man by forcing Indian children into boarding... 2019  
Nell Jessup Newton Federal Power over Indians: its Sources, Scope, and Limitations 132 University of Pennsylvania Law Review 195 (January, 1984) Judicial deference to federal legislation affecting Indians is a theme that has persisted throughout the two-hundred-year history of American Indian law. The Supreme Court has sustained nearly every piece of federal legislation it has considered directly regulating Indian tribes, whether challenged as being beyond federal power or within that power; Search Snippet: money was often spent to pay missionaries to educate Indian children in the ways of white society and Christianitywithout consulting... 1984  
Katelyn Mullally , Kaitlyn McLachlan , Emma Jewell , Jodi Viljoen , Jonathan Rudin FETAL ALCOHOL SPECTRUM DISORDER EVIDENCE IN CANADIAN CRIMINAL CASES: A CASE LAW REVIEW 29 Psychology, Public Policy, and Law 417 (November, 2023) Increasing evidence highlights the relevance and frequent consideration of fetal alcohol spectrum disorder (FASD) in Canadian criminal legal cases, though systematic evaluation of the impact of such evidence on legal outcomes remains limited. We sought to fill this gap via a systematic review of reported Canadian criminal cases mentioning evidence... 2023  
Neoshia R. Roemer Finding Harmony or Swimming in the Void: the Unavoidable Conflict Between the Interstate Compact on the Placement of Children and the Indian Child Welfare Act 94 North Dakota Law Review 149 (2019) The Indian Child Welfare Act is a federal statute that applies to Indian children who are at the center of child welfare proceedings. While the Indian Child Welfare Act provides numerous protections to Indian children, parents, and tribes, many of these cases play out in state courts which are also required to apply their own requisite, relevant; Search Snippet: ...THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN AND THE INDIAN CHILD WELFARE ACT Neoshia R. Roemer [FNa1] Copyright © 2019 by the North Dakota Law Review; Neoshia R. Roemer Abstract The Indian Child Welfare Act is a federal statute that applies to Indian children who are at the center of child welfare proceedings. While the Indian Child Welfare Act provides numerous protections to Indian... 2019 Child Welfare
Jill E. Tompkins Finding the Indian Child Welfare Act in Unexpected Places: Applicability in Private Non-parent Custody Actions 81 University of Colorado Law Review 1119 (Fall 2010) In recent years, as an increasing number of Indian parents struggle with substance abuse and addiction, the number of abused and neglected Indian children is on the rise. Consequently, state child welfare agencies are overwhelmed, and caseworkers are only able to intervene in the most egregious situations. This understaffing of state agencies; Search Snippet: ...University of Colorado Law Review Fall 2010 Article FINDING THE INDIAN CHILD WELFARE ACT IN UNEXPECTED PLACES: APPLICABILITY IN PRIVATE NON-PARENT... 2010 Child Welfare
Eloise Melcher FIVE TIMES MORE LIKELY: HAALAND v. BRACKEEN AND WHAT IT COULD MEAN FOR MAINE TRIBES 75 Maine Law Review 369 (June, 2023) Abstract Introduction I. Background A. Maine's Tribal History B. Child Welfare Crisis C. The Indian Child Welfare Act D. Implementation of the Indian Child Welfare Act in Maine E. Prior Supreme Court Challenges to ICWA II. Haaland v. Brackeen A. Facts and Procedural Background B. The Fifth Circuit Decision 1. The Court's Analysis 2. Equal... 2023  
Barbara Ann Atwood Flashpoints under the Indian Child Welfare Act: Toward a New Understanding of State Court Resistance 51 Emory Law Journal 587 (Spring 2002) The Indian Child Welfare Act (ICWA or the Act), a unique statute in the American legal landscape, was an effort by Congress to reverse the wholesale separation of Indian children from their families and to restore tribal authority over the welfare of Indian children. By some accounts the Act has been the victim of entrenched state court; Search Snippet: ...JOURNAL Emory Law Journal Spring 2002 Article FLASHPOINTS UNDER THE INDIAN CHILD WELFARE ACT: TOWARD A NEW UNDERSTANDING OF STATE COURT RESISTANCE... 2002 Child Welfare
Lynne Henderson Foreword: Pursuing Equal Justice in the West 5 Nevada Law Journal L.J. 1 (Fall 2004) On February 20 and 21 of 2004, the William S. Boyd School of Law hosted a conference on Pursuing Equal Justice in the West, inspired by the fiftieth anniversary of Brown v. Board of Education (I) and the fortieth anniversary of the Civil Rights Act of 1964. We were privileged to have outstanding scholars in both history and law deliver wonderful; Search Snippet: ...the vote. Another set of laws and practices that injured Indians was federal law placing Indian children in boarding schools and allowing adoptions of Indian children by white parents without scrutiny. Congress finally responded to these abuses by enacting the Indian Child Welfare Act of 1978 (ICWA). [FN11] Uneasy Tensions Between Children's... 2004  
Nancy D. Polikoff , Jane M. Spinak FOREWORD: STRENGTHENED BONDS: ABOLISHING THE CHILD WELFARE SYSTEM AND RE-ENVISIONING CHILD WELL-BEING 11 Columbia Journal of Race and Law 427 (July, 2021) The 2001 book, Shattered Bonds: The Color of Child Welfare, by Dorothy Roberts, called out the racism of the child welfare system and the harms that system perpetrates on families and communities. Twenty years later, despite numerous reform efforts, the racism and profound harms endure. It is time for transformative change. In this foreword to the... 2021 Child Welfare
Maggie Blackhawk FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM 137 Harvard Law Review 1 (November, 2023) C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... 2023  
Courtney G. Joslin , Catherine Sakimura FRACTURED FAMILIES: LGBTQ PEOPLE AND THE FAMILY REGULATION SYSTEM 13 California Law Review Online 78 (November, 2022) In February 2022, the Texas Governor and the Texas Attorney General declared that parents who provide gender-affirming care to their children should be investigated for child abuse. These declarations expressly authorize the surveillance of, intervention in, and possible destruction of LGBTQ families. Discussions of these developments suggest that... 2022  
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