| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| Patrick Derocher |
MANIFESTING A BETTER DESTINY: INTEREST CONVERGENCE AND THE INDIAN CLAIMS COMMISSION |
24 NYU Journal of Legislation and Public Policy 511 (2021-2022) |
As debates continue over whether the United States should consider, let alone how it might implement, a reparations plan for the descendants of enslaved people, the conversation often proceeds without recognizing that this country has already administered a similar program: The Indian Claims Commission (ICC). However, the fact that the ICC has... |
2022 |
|
| Matthew L.M. Fletcher |
MUSKRAT TEXTUALISM |
116 Northwestern University Law Review 963 (2022) |
Abstract--The Supreme Court decision McGirt v. Oklahoma, confirming the boundaries of the Creek Reservation in Oklahoma, was a truly rare case in which the Court turned back arguments by federal and state governments in favor of American Indian and tribal interests. For more than a century, Oklahomans had assumed that the reservation had been... |
2022 |
|
| Simone Lieban Levine |
NOT A GIRL, NOT YET A WOMAN: THE LEGAL LIMBO OF BEING A PARENT BEFORE BECOMING AN ADULT |
37 Berkeley Journal of Gender, Law & Justice 75 (2022) |
Introduction. 76 I. The Reality of Underage Pregnancy. 80 A. Babies Having Babies: Blame, Shame, and Social Policy. 81 B. Putting It in Perspective: Statistics Related to Young Parenthood. 83 1. Social Outcomes for Young Parents and Their Children. 84 2. Birth Rates According to Age and Race. 85 3. Young Parenthood and Medical Care, Poverty, and... |
2022 |
|
| Shanna C. Knight |
OREGON'S NEW INDIAN CHILD WELFARE ACT: HIGHLIGHTS FOR IDAHO PRACTITIONERS |
65-FEB Advocate 22 (February, 2022) |
As an Idaho practitioner, unless you represent a tribe, you might be wondering why you should care about Oregon's new Indian Child Welfare Act (ORICWA). After all, Idaho practitioners are already required to follow the federal Indian Child Welfare Act (ICWA). If so, I would answer first that Oregon's new law demonstrates best practices that... |
2022 |
Yes |
| Matthew L.M. Fletcher , Randall F. Khalil |
PREEMPTION, COMMANDEERING, AND THE INDIAN CHILD WELFARE ACT |
2022 Wisconsin Law Review 1199 (2022) |
This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in... |
2022 |
Yes |
| Angela Onwuachi-Willig , Anthony V. Alfieri |
RACIAL TRAUMA IN CIVIL RIGHTS REPRESENTATION |
120 Michigan Law Review 1701 (June, 2022) |
Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of... |
2022 |
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| Chris Gottlieb |
REMEMBERING WHO FOSTER CARE IS FOR: PUBLIC ACCOMMODATION AND OTHER MISCONCEPTIONS AND MISSED OPPORTUNITIES IN FULTON v. CITY OF PHILADELPHIA |
44 Cardozo Law Review 1 (October, 2022) |
The Supreme Court's opinion in Fulton v. City of Philadelphia, which held that a Catholic foster care agency could refuse to accept gay foster parents, and virtually all commentary on the case, are flawed by a profound misunderstanding of key aspects of the foster care system. The case's role in the broader culture war between religious rights... |
2022 |
|
| Whitney Saunders |
RESISTING INDIGENOUS ERASURE IN RHODE ISLAND: THE NEED FOR COMPULSORY NATIVE AMERICAN HISTORY IN RHODE ISLAND SCHOOLS |
27 Roger Williams University Law Review 379 (Spring, 2022) |
Before we begin, I want to take a moment to reflect on the lands on which we reside. We are coming from many places, physically and remotely, and we want to acknowledge the ancestral homelands and traditional territories of Indigenous and Native peoples who have been here since time immemorial and to recognize that we must continue to build our... |
2022 |
|
| Bill Piatt |
RESPECTING THE IDENTITY AND DIGNITY OF ALL INDIGENOUS AMERICANS |
6 Howard Human & Civil Rights Law Review 83 (2021-2022) |
The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other paper genocide mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were... |
2022 |
|
| Sara E. Hill |
RESTORING OKLAHOMA: JUSTICE AND THE RULE OF LAW POST-MCGIRT |
57 Tulsa Law Review 553 (Spring, 2022) |
I. Introduction. 554 II. Criminal Jurisdiction in a Post-McGirt World: The Creation of Modern Criminal Jurisdictional Rules in Indian Country. 558 A. Evolution of Criminal Jurisdiction in Indian Country. 559 III. The Post-McGirt Toolkit: Jurisdictional Problem-solving in Indian Country. 565 A. Public Law 280. 565 B. Cross-deputation Agreements. 567... |
2022 |
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| David H. Moore , Michalyn Steele |
REVITALIZING TRIBAL SOVEREIGNTY IN TREATYMAKING |
97 New York University Law Review 137 (April, 2022) |
In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more... |
2022 |
|
| Keila Mayberry |
SEARCHING FOR JUSTICE FOR AUSTRALIA'S STOLEN GENERATIONS |
22 Chicago Journal of International Law 661 (Winter, 2022) |
Until the early 1970s, Australian federal and state government agencies forcibly removed tens of thousands of Aboriginal and Torres Strait Islander children from their families and placed them up for adoption or in group homes and church missions. These children are known as the Stolen Generations. Domestic remedies have proven insufficient in... |
2022 |
|
| The Rutgers Journal of Law and Public Policy, February 10, 2022 |
SPRING 2022 SYMPOSIUM TRANSCRIPT |
19 Rutgers Journal of Law & Public Policy 425 (Spring, 2022) |
On February 10, 2022, the Rutgers Journal of Law and Public Policy hosted the Reforming and Restructuring Child Welfare Law in New Jersey and Abroad Symposium. Speakers included moderator Randi Mandelbaum, Distinguished Clinical Professor of Law at Rutgers Law School and Annamay Sheppard Scholar; Sydney Groll, Independence Foundation Public... |
2022 |
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| Angelique EagleWoman, Wambdi A. Was'teWinyan, Dominic J. Terry, Lani Petrulo., Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice |
STORYTELLING AND TRUTH-TELLING: PERSONAL REFLECTIONS ON THE NATIVE AMERICAN EXPERIENCE IN LAW SCHOOLS |
48 Mitchell Hamline Law Review 704 (May, 2022) |
I. Introduction. 705 II. Becoming a Native Lawyer. 710 A. Ya'at'eeh!. 710 B. Don't Be A Victim of Your Environment. 710 C. Work Hard, and Never Give Up. 711 D. The Scenic Route. 711 E. So Close, Yet So Far. 712 F. The Bar Exam Does Not Define You!. 713 G. Ya'at'eeh, My Name is Dominic Terry. 713 III. Barred: A Personal Reflection on the Native... |
2022 |
|
| Deirdre M. Smith |
TERMINATION OF PARENTAL RIGHTS AS A PRIVATE REMEDY: RATIONALES, REALITIES, AND ALTERNATIVES |
72 Syracuse Law Review 1173 (2022) |
Introduction. 1174 I. Defining Private Termination of Parental Rights. 1178 A. Defining Parental Rights. 1178 B. Defining Termination of Parental Rights. 1182 C. Distinguishing Public Versus Private Termination of Parental Rights. 1185 II. The Contexts in which a Parent's Rights Can be Terminated Without Direct State Involvement. 1190 A.... |
2022 |
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| Barbara Fedders |
THE ANTI-PARENT JUVENILE COURT |
69 UCLA Law Review 746 (May, 2022) |
This Article identifies and analyzes features of the juvenile delinquency court that harm the people on whom children most heavily depend: their parents. By negatively affecting a child's family--creating financial stress, undermining a parent's central role in rearing her child, and damaging the parent-child bond--these parent-harming features... |
2022 |
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| Bethany Sullivan, Jennifer Turner |
THE CONTINUED IMPACT OF CARCIERI ON THE RESTORATION OF TRIBAL HOMELANDS: IN NEW ENGLAND AND BEYOND |
27 Roger Williams University Law Review 322 (Spring, 2022) |
In 2009, the United States Supreme Court decided Carcieri v. Salazar, a case involving the Department of the Interior's (the Department or Interior) authority under section 5 of the Indian Reorganization Act (IRA) to acquire land into trust for the Narragansett Indian Tribe. Prior to the Supreme Court's decision, Interior had long interpreted the... |
2022 |
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| Timothy Sandefur |
THE FEDERALISM PROBLEMS WITH THE INDIAN CHILD WELFARE ACT |
26 Texas Review of Law and Politics 429 (Spring, 2022) |
Author's Note. 430 Introduction. 430 I. What ICWA Does. 431 II. ICWA Exceeds the Commerce Clause. 435 A. The One and Only Commerce Clause. 435 B. The Non-textual Plenary Power. 437 C. Even Under the Treaty Power, ICWA Would Be Unconstitutional. 448 III. ICWA Violates the Anti-commandeering Principle. 453 A. The Anti-commandeering Principle. 453... |
2022 |
Yes |
| Adam Crepelle |
THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY |
110 Georgetown Law Journal 569 (March, 2022) |
C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 |
2022 |
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| Robert G. Natelson |
THE ORIGINAL UNDERSTANDING OF THE INDIAN COMMERCE CLAUSE: AN UPDATE |
23 Federalist Society Review 209 (########) |
The Congress shall have Power . To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. C1-2Table of Contents I. Recent and Pending Litigation. 211 II. Previous Scholarship. 212 III. Goals of this Article. 213 IV. Some Principles of Originalist Analysis. 214 V. The Constitutional Scheme: Separation of... |
2022 |
|
| Kace Rodwell , Michael Colbert Smith , Stephanie Hudson |
TRIBUTES TO STEVE HAGER |
46 American Indian Law Review 337 (2022) |
I first met Steve Hager at Sovereignty Symposium when he was presenting on the Indian Child Welfare Act (ICWA) for the Juvenile Law panel. I was just a 1L law student then, inspired by his passion for advocating for Tribal families and enforcing laws enacted to protect them. I knew then that I wanted to work alongside Steve and would later get that... |
2022 |
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| The Honorable Raquel Montoya-Lewis |
WHY OUR STORIES MATTER: A PERSPECTIVE ON THE RESTATEMENT FROM THE STATE BENCH |
97 Washington Law Review 713 (October, 2022) |
34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 2, 2022 I'm really thrilled and honored to be able to speak to all of you today. I did kind of come and go yesterday throughout the presentations and was really sort of star-struck by the incredible speakers that you have already heard from over the last day, and was... |
2022 |
|
| Roopa Bala Singh |
YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 |
99 Denver Law Review 725 (Summer, 2022) |
Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... |
2022 |
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| Hannah Duncan |
YOUTH ALWAYS MATTERS: REPLACING EIGHTH AMENDMENT PSEUDOSCIENCE WITH AN AGE-BASED BAN ON JUVENILE LIFE WITHOUT PAROLE |
131 Yale Law Journal 1936 (April, 2022) |
The Supreme Court has placed restrictions on courts' ability to impose life-with-out-parole sentences on juveniles. Most recently, Jones v. Mississippi underscored how existing Eighth Amendment protections fail to extend categorical protection to all juveniles. Tracing the history of intrachildhood classifications, this Note argues that Jones's... |
2022 |
|
| Subini Ancy Annamma , Jamelia Morgan |
YOUTH INCARCERATION AND ABOLITION |
45 New York University Review of Law and Social Change 471 (2022) |
The COVID-19 pandemic has laid bare the dangers of the juvenile legal system; this should make it harder to look away from the societal inequities that are exacerbated by youth incarceration. Indeed, the current moment, including the unprecedented nationwide protests in response to the murders of George Floyd and Breonna Taylor in summer 2020, has... |
2022 |
|
| 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 |
Yes |
| 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 |
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| 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 |
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| 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 |
Yes |
| 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 |
Yes |
| 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 |
Yes |
| Delight E. Satter , Laura M. Mercer Kollar , Public Health Writing Group on Missing or Murdered Indigenous Persons, Debra O'Gara ‘Djik Sook’ , Senior Health Scientist, Centers for Disease Control and Prevention, Behavioral Scientist, Centers for Disease C |
AMERICAN INDIAN AND ALASKA NATIVE KNOWLEDGE AND PUBLIC HEALTH FOR THE PRIMARY PREVENTION OF MISSING OR MURDERED INDIGENOUS PERSONS |
69 Department of Justice Journal of Federal Law and Practice 149 (March, 2021) |
Violence against American Indian and Alaska Native (AIAN) women, children, two-spirit individuals, men, and elders is a serious public health issue. Violence may result in death (homicide), and exposure to violence has lasting effects on the physical and mental health of individuals, including depression and anxiety, substance abuse, chronic and... |
2021 |
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| Elizabeth Newland |
AROUND THE WORLD: INDIGENOUS CHILDREN IN CANADA'S FOSTER CARE SYSTEM: BILL C-92 AND THE IMPORTANCE OF CULTURAL IDENTITY |
42 Children's Legal Rights Journal 59 (2021) |
This article addresses the historical colonization of Indigenous people in Canada and how this is continued through the Canadian child welfare system. It will examine the history of colonialism of Indigenous children in Canada, specifically through the creation of residential schools, the increase of Indigenous children in foster care through the... |
2021 |
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| Carly Minsky |
AROUND THE WORLD: RECENT CHANGES TO INDIGENOUS CHILD WELFARE IN CANADA |
41 Children's Legal Rights Journal 79 (2021) |
Like the United States, Canada has a long and checkered history with Indigenous peoples. Much of this history between the Indigenous peoples and the Canadian government centered around the government's attempt to civilize the Indigenous peoples according to European standards. One way in which both nations sought to decimate tribes of Indigenous... |
2021 |
Yes |
| Addie C. Rolnick |
ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION |
11 Columbia Journal of Race and Law 811 (July, 2021) |
A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... |
2021 |
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| Joshua Santangelo |
BANKRUPTING TRIBES: AN EXAMINATION OF TRIBAL SOVEREIGN IMMUNITY AS REPARATION IN THE CONTEXT OF SECTION 106(A) |
37 Emory Bankruptcy Developments Journal 325 (2021) |
This Comment concerns section 106(a) of the Bankruptcy Code, which abrogates sovereign immunity of a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government. A circuit split exists as to whether this section applies to Native Nations. The Sixth Circuit interpreted this section to... |
2021 |
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| Glennas'ba Augborne Arents , April E. Olson |
BENT, BUT NOT BROKEN |
57-AUG Arizona Attorney 62 (July/August, 2021) |
There is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to. --Judge James Dennis, Brackeen v. Haaland On April 6, 2021, after waiting 14 months to learn whether the Indian Child Welfare Act (ICWA) would survive, the United... |
2021 |
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| |
CHAPTER 21 INDIGENOUS COMMUNITIES AND ADOPTION |
86 IUS Gentium 895 (2021) |
The following working definition of indigenous communities, peoples and nations has been suggested by Martinez Cobo: Indigenous communities, peoples and nations are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the... |
2021 |
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| |
CHAPTER 8 UNITED STATES OF AMERICA |
86 IUS Gentium 345 (2021) |
The United States of America is a federation of 50 states and the District of Columbia, each of which is a separate jurisdiction with independent responsibility for enacting legislation, providing a judicial system and for managing programmes of service provision. Family law, a matter constitutionally reserved to the states, includes issues and... |
2021 |
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| Anita Weinberg, Lilia Valdez |
CHILD WELFARE, REASONABLE EFFORTS, AND COVID-19 |
41 Children's Legal Rights Journal 162 (2021) |
Article 19 of the United Nations Convention on the Rights of the Child (CRC) requires governments to protect children from all forms of violence, including violence in the home. At the same time, Articles 3 and 5 obligate states to respect the rights and duties of parents to care for and make decisions on behalf of their children. Although the... |
2021 |
Yes |
| Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli |
CHILDREN AND RACIAL INJUSTICE IN THE UNITED STATES: A SELECTIVE ANNOTATED BIBLIOGRAPHY AND CALL TO ACTION |
41 Children's Legal Rights Journal 1 (2021) |
For many reasons, 2020 became a year of reckoning for racial injustice. While a strong and deserved focus has been paid to criminal justice and police brutality, the systemic racism that underlies those institutions and many others affects more than just adults. Children are impacted by systemic racism in myriad ways that can be tragic, maddening,... |
2021 |
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| Jessie Shaw |
COMMANDEERING THE INDIAN CHILD WELFARE ACT: NATIVE AMERICAN RIGHTS EXCEPTION TO TENTH AMENDMENT CHALLENGES |
42 Cardozo Law Review 2007 (September, 2021) |
C1-2Table of Contents Introduction. 2007 I. Background. 2009 A. History of ICWA and the Final Rule. 2009 B. Challenging the Final Rule. 2014 C. Challenges to ICWA at the Supreme Court. 2016 D. The Anti-Commandeering Doctrine. 2017 E. ICWA Provisions Under the Anti-Commandeering Doctrine. 2020 II. Analysis: Immunity of ICWA. 2027 A. Exceptions to... |
2021 |
Yes |
| 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 |
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| 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 |
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| 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 |
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| 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 |
Yes |
| 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 |
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| 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 |
Yes |
| 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 |
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| 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 |
Yes |