| Author | Title | Citation | Summary | Year | Key Term |
| 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: ...trust 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 |
|
| Dena L. Silliman, Esq. |
Francis Browning Pipestem: a Great and Savage Warrior |
24 American Indian Law Review IX (2000) |
On August 2, 1999, F. Browning Pipestem passed from this life and Indian country suffered the loss of its most zealous advocate. Browning Pipestem, award-winning attorney and scholar, spent thirty-one years in the pursuit of justice, the protection of tribal sovereignty, and judicial and legislative confirmation of the rights of tribes and Indian; Search Snippet: ...of eight, his early years were spent at the Chilocco Indian School a government boarding school for Indians located on the Oklahoma-Kansas border. Browning could entertain for... |
2000 |
|
| Victoria Roman |
FROM APOLOGY TO ACTION: A COMMENT ON TRANSITIONAL JUSTICE IN THE UNITED STATES AND CANADA |
37 Maryland Journal of International Law 122 (2022) |
On September 30, 2021, National Day of Remembrance for Native Americans, Senator Elizabeth Warren (D-Mass) and the Co-Chairs of the Congressional Native American Caucus reintroduced The Truth and Healing Commission on Indian Boarding School Policies in the United States. U.S. Secretary of the Interior Deb Haaland (Laguna Pueblo) first introduced... |
2022 |
|
| Gail T. Kulick , Tadd M. Johnson , Rebecca St. George , Emily Segar-Johnson |
From Dysfunction and Polarization to Legislation: Native American Religious Freedom Rights and Minnesota Autopsy Law |
42 Mitchell Hamline Law Review 1699 (2016) |
I. Introduction. 1700 II. Two Deaths, Two Court Orders. 1702 III. Why Tribal Religions Went Underground. 1708 IV. The Law in Minnesota. 1712 V. The Legislative Process. 1716 VI. Aftermath. 1720; Search Snippet: ...were asked to work with the federal government to create boarding schools for Indians. [FN67] They were to Christianize and civilize Native Americans, thus... |
2016 |
|
| Charisa Smith |
FROM EMPATHY GAP TO REPARATIONS: AN ANALYSIS OF CAREGIVING, CRIMINALIZATION, AND FAMILY EMPOWERMENT |
90 Fordham Law Review 2621 (May, 2022) |
America's legacy of violent settler colonialism and racial capitalism reveals a misunderstood and neglected civil rights concern: the forced separation of families of color and unwarranted state intrusion upon caregiving through criminalization and surveillance. The War on Drugs, the Opioid Crisis, and the COVID-19 pandemic are a few examples... |
2022 |
|
| Megan Scanlon |
From Theory to Practice: Incorporating the "Active Efforts" Requirement in Indian Child Welfare Act Proceedings |
43 Arizona State Law Journal 629 (Summer 2011) |
Poverty, poor housing, lack of modern plumbing, and overcrowding are often cited by social workers as proof of parental neglect and are used as grounds for beginning custody proceedings. In a recent California case, the State tried to apply poverty as a standard against a Rosebud Sioux mother and child. At the mother's bidding, the child's aunt; Search Snippet: ...FROM THEORY TO PRACTICE: INCORPORATING THE ACTIVE EFFORTS REQUIREMENT IN INDIAN CHILD WELFARE ACT PROCEEDINGS Megan Scanlon [FNa1] Copyright (c) 2011 Arizona... |
2011 |
Child Welfare |
| Daniel E. Witte |
Getting a Grip on National Service: Key Organizational Features and Strategic Characteristics of the National Service Corps (Americorps) |
1998 Brigham Young University Law Review 741 (1998) |
Of all the initiatives and programs that President Bill Clinton has supported during his Administration, the National Service Corps (sometimes referred to as AmeriCorp, but hereinafter also referred to as the Corps) is arguably the program that the President regards as the most important and personally fulfilling, as well as the most; Search Snippet: ...my analysis concerning Native American parental rights issues and the Indian Child Welfare Act, 25 U.S.C. §§ 1901 1963 (1994) ; Paul D... |
1998 |
|
| Allison M. Dussias |
Ghost Dance and Holy Ghost: the Echoes of Nineteenth-century Christianization Policy in Twentieth-century Native American Free Exercise Cases |
49 Stanford Law Review 773 (April, 1997) |
In the late nineteenth century, Native Americans were the subject of a United States government Christianization policy that attempted, with the help of Christian churches, to convert Native Americans to Christianity by assigning reservations to Christian groups for proselytization purposes and by suppressing Native American religious beliefs and; Search Snippet: ...enterprise of rescuing from lives of barbarism and savagery these Indian children, and conferring upon them the benefits of an educated civilization... |
1997 |
|
| Paul Kuruk |
Goading a Reluctant Dinosaur: Mutual Recognition Agreements as a Policy Response to the Misappropriation of Foreign Traditional Knowledge in the United States |
34 Pepperdine Law Review 629 (2007) |
I. Introduction II. Part One: Protection of Native American Cultural Heritage A. Government Policy Towards Native Americans B. Legislative Initiatives on Cultural Heritage C. Tribal Courts' Control of Indigenous Heritage III. Part Two: Constitutional Issues in the Quest for Better Protection of Native American Cultural Heritage A. Traditional; Search Snippet: ...denominations with control over education on specific reservations; conversion of Indian children to Christianity was seen as a first step to assimilation ... Toward the end of the nineteenth century, Indian boarding schools were preferred. Youngsters would be taken by force, if... |
2007 |
|
| Ronald M. Walters |
Goodbye to Good Bird: Considering the Use of Contact Agreements to Settle Contested Adoptions Arising under the Indian Child Welfare Act |
6 University of Saint Thomas Law Journal 270 (Fall 2008) |
After two years of heated litigation, settling Christian Good Bird's contested adoption outside of the courtroom must have relieved his biological mother, tribe and adoptive parents, but the decision almost certainly generated feelings of uncertainty about what long-term effects the compromise would have on Christian as well. Indeed, Christian's; Search Snippet: ...OF CONTACT AGREEMENTS TO SETTLE CONTESTED ADOPTIONS ARISING UNDER THE INDIAN CHILD WELFARE ACT Ronald M. Walters [FN1] Copyright (c) 2009 University... |
2008 |
Child Welfare |
| Carrie E. Garrow |
Government Law and Policy and the Indian Child Welfare Act |
86-APR New York State Bar Journal 10 (March/April, 2014) |
Since the formation of the United States, Indian nations and Indian people have been impacted by the numerous laws and policies focused on acquisition of Indian lands and assimilation of Indian people. These federal laws and policies led to states, such as New York, breaking up Indian families and removing Indian children from their homes in order; Search Snippet: ...Journal March/April, 2014 GOVERNMENT LAW AND POLICY AND THE INDIAN CHILD WELFARE ACT Carrie E. Garrow [FNa1] Copyright © 2014 by the... |
2014 |
Child Welfare |
| Kennedy Ray Fite |
HAALAND v. BRACKEEN: THE DECISION THAT THREATENED THE INDIAN CHILD WELFARE ACT'S PROTECTIONS OF NATIVE FAMILIES IN ILLINOIS |
54 Loyola University Chicago Law Journal 1109 (Summer, 2023) |
The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States' tragic history of family separation in tribal communities,... |
2023 |
Child Welfare |
| Carrie A. Martell , Sarah Deer |
Heeding the Voice of Native Women: Toward an Ethic of Decolonization |
81 North Dakota Law Review 807 (2005) |
How often have we heard it reiterated that the destiny of the world depends on woman--that woman is the appointed agent of morality--the inspirer of those feelings and dispositions which form the moral nature of man . . . . The elevation of our race does depend upon the manner in which woman executes this commission. Nor does the destiny of man as; Search Snippet: ...the equilibrium that traditionally existed between genders. Mandatory for most Native children, the boarding schools sought to civilize tribal communities by training students to... |
2005 |
|
| John F. Clark , President and CEO, The National Center for Missing & Exploited Children |
HELP FOR MISSING AMERICAN INDIAN AND ALASKA NATIVE CHILDREN |
69 Department of Justice Journal of Federal Law and Practice 5 (January, 2021) |
A tribal court was so concerned about the welfare of four children, ages 5, 6, 11, and 14, that it removed them from their home and placed them with a family outside the reservation for their protection. Their mother was ordered to have absolutely no contact with them. It wasn't long before an AMBER Alert was issued in Wyoming, underscoring why the... |
2021 |
|
| Ndjuoh MehChu |
HELP ME TO FIND MY CHILDREN: A THIRTEENTH AMENDMENT CHALLENGE TO FAMILY SEPARATION |
17 Stanford Journal of Civil Rights & Civil Liberties 133 (February, 2021) |
The Trump Administration's forced separation of migrant families at the U.S.-Mexico border is an international fault line in the global human rights framework. The scope, severity, and urgency of the issue speak clearly to the need for a diversity of strategies to protect migrant groups. With that in mind, this Article draws attention to a thus-far... |
2021 |
|
| Hope Babcock |
Here Today, Gone Tomorrow--is Global Climate Change Another White Man's Trick to Get Indian Land? The Role of Treaties in Protecting Tribes as They Adapt to Climate Change |
2017 Michigan State Law Review 371 (2017) |
Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,; Search Snippet: ...the lands in question it would result in a checker- boarding of regulatory authority, which would upset and disrupt the justifiable expectations' of non- Indian landowners, [FN108] as would happen in the case of a... |
2017 |
|
| Vinita B. Andrapalliyal |
History Repeats Itself: Parallels Between Current-day Threats to Immigrant Parental Rights and Native American Parental Rights in the Twentieth Century |
8 University of Massachusetts Law Review 562 (Spring, 2013) |
Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants' limited access to the U.S. legal system are; Search Snippet: ...century. It suggests that a federal statute modeled on the Indian Child Welfare Act may be able to comprehensively address the issues... |
2013 |
|
| N. Lauryn Boston |
HON. ALLIE GREENLEAF MALDONADO |
69-APR Federal Lawyer 16 (March/April, 2022) |
The reservation lands of the Little Traverse Bay Bands of Odawa Indians (LTBB Tribe) lie along the picturesque northern shores of Michigan's Lower Peninsula, where great white pine, red oak, and colorful sugar maple dominate the landscape of a region once called by the native Odawa the land of the crooked tree. It is here that the Hon. Allie... |
2022 |
|
| Ryan D. Dreveskracht |
House Republicans Add Insult to Native Women's Injury |
3 University of Miami Race & Social Justice Law Review Rev. 1 (2013) |
Introduction. 1 Background and Context. 2 What's the Big Deal? It Isn't That Bad.. 12 Constitutionality and Supreme Court Review. 21 Conclusion. 27; Search Snippet: ...à-vis Indian women). . Patrice H. Kunesh, Transcending Frontiers: Indian Child Welfare in the United States , 16 B.C. Third World L.J. 17, 22 (1996) Under this policy, Indian children were taken from their families on the reservations and sent, often across the country, to attend boarding schools. Id. It was the goal of the federal government to place Indian children in a totally foreign and controlled environment where they would... |
2013 |
|
| Amy Mulzer, Tara Urs |
However Kindly Intentioned: Structural Racism and Volunteer Casa Programs |
20 CUNY Law Review 23 (Winter 2016) |
A Judge McClellan in Lansing had authority over me and all of my brothers and sisters. We were state children, court wards; he had the full say-so over us. A white man in charge of a black man's children! Nothing but legal, modern slavery--however kindly intentioned. The Autobiography of Malcolm X Introduction. 23 I. Child Welfare and the Role; Search Snippet: ...about 1880, that the United States government began to promote boarding schools for Native American children as a primary means to assimilate them. By 1900, the government had established boarding schools for about 21,500 Native American children. Officials sought to remove every [ Native] child to a boarding school for a period of at least three years. [FN113... |
2016 |
|
| Jennifer Hendry , Melissa L. Tatum |
Human Rights, Indigenous Peoples, and the Pursuit of Justice |
34 Yale Law and Policy Review 351 (Spring 2016) |
Introduction. 352 I. The Rights-Based Approach and Indigenous Alternatives. 354 A. The Functioning, Origins, and Critique of the Rights-Based Approach. 355 B. Indigenous Alternatives. 360 II. Failures of the Right-Based Approach. 364 A. Conflicts Between Sovereign Governments. 365 B. Disputes over Regulatory Issues. 368 C. Individual Claims. 370 D; Search Snippet: ...this goal through two primary methods: (1) the removal of Indian children from their families and their education at boarding schools; and (2) the allotment process, in which Congress divided... |
2016 |
|
| Taylor Dow |
Icwa and the Unwed Father: a Constitutional Corrective |
167 University of Pennsylvania Law Review 1513 (May, 2019) |
The Indian Child Welfare Act provides important procedural protections for American Indian children, the parents of American Indian children, tribes, and Indian custodians in state court child custody proceedings. However, the Act excludes unwed fathers who have not acknowledged or established their paternity from its definition of parent. This; Search Snippet: ...2019 by University of Pennsylvania Law Review; Taylor Dow The Indian Child Welfare Act provides important procedural protections for American Indian children, the parents of American Indian children, tribes, and Indian custodians in state court child custody proceedings... |
2019 |
|
| Marcia Zug |
Icwa International: the Benefits and Dangers of Enacting Icwa-type Legislation in Non-u.s. Jurisdictions |
97 Denver Law Review 205 (Fall, 2019) |
For decades, the Indian Child Welfare Act (ICWA) has been considered the gold standard in Indigenous child protection. As a result, Indigenous advocates around the world have sought the passage of similar legislation. However, it is far from clear that the benefits of the ICWA are easily exported. The ICWA is based on a recognition of tribal; Search Snippet: ...by Denver Law Review; Marcia Zug Abstract For decades, the Indian Child Welfare Act (ICWA) has been considered the gold standard in... |
2019 |
|
| Marcia Zug |
ICWA'S IRONY |
45 American Indian Law Review 1 (2021) |
The Indian Child Welfare Act (ICWA or the Act) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act's provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child... |
2021 |
|
| Tara Hubbard , Fred Urbina |
ICWA--THE GOLD STANDARD |
58-AUG Arizona Attorney 32 (July/August, 2022) |
In its next term, the Supreme Court of the United States has the important task of deciding the constitutionality of the Indian Child Welfare Act (ICWA) in Haaland, Sec. of Interior, et al. v. Brackeen, Chad E., et al. This case started in the Northern District of Texas when several non-Native prospective adoptive placements brought suit, alleging... |
2022 |
|
| Sherry Hutt |
If Geronimo Was Jewish: Equal Protection and the Cultural Property Rights of Native Americans |
24 Northern Illinois University Law Review 527 (Summer 2004) |
C1-3Table of Contents I. Application of the Equal Protection Clause to Native Americans. 528 II. A Short History of Indian Law: Special is Not Equal. 532 III. Geronimo: From Arizona to Florida. 536 IV. If Geronimo Was Jewish. 539 V. If Geronimo Was a Rap Star: Intellectual Property Law Versus Intangibles in Natural Law. 551 VI. If Geronimo Was an; Search Snippet: ...rights advances were being fought and won for African Americans, Native Americans saw their families divided and their children sent to boarding schools, their medical needs, housing and other services tightly controlled... |
2004 |
|
| Caroline M. Turner |
Implementing and Defending the Indian Child Welfare Act Through Revised State Requirements |
49 Columbia Journal of Law and Social Problems 501 (Summer, 2016) |
The Indian Child Welfare Act, enacted in 1978, was designed to protect Indian children and enhance the stability of Indian tribes and families. It sets forth minimum federal standards applicable in proceedings involving the termination of parental rights, pre-adoption placement, and adoption placement. From its inception, there has been resistance; Search Snippet: ...Law and Social Problems Summer, 2016 IMPLEMENTING AND DEFENDING THE INDIAN CHILD WELFARE ACT THROUGH REVISED STATE REQUIREMENTS Caroline M. Turner [FNa1... |
2016 |
Child Welfare |
| Samuel E. Ennis |
Implicit Divestiture and the Supreme Court's (Re)construction of the Indian Canons |
35 Vermont Law Review 623 (Spring, 2011) |
Taken together, the Indian canons of construction and the doctrine of implicit divestiture seem paradoxical. On the one hand, the Indian canons, rules of statutory construction originally developed to protect Indian tribes from unscrupulously drafted statutes and treaties, protect tribal sovereignty against non-Indian encroachment. On the other,; Search Snippet: ...a long and tumultuous history. Essentially, the U.S. government took Indian children from their families and placed them into federally administered boarding schools where they were forced to dress, talk, and act... |
2011 |
|
| Lanette P. Dalley |
Imprisoned Mothers and Their Children: Their Often Conflicting Legal Rights |
22 Hamline Journal of Public Law and Policy Pol'y 1 (Fall 2000) |
Justice, it is said, is about acquitting the innocent and punishing the guilty, but when mothers are imprisoned their children become the silent victims and are penalized the most. Robert Shaw (1993) Inmates and their families have been brought to the forefront of not only the correctional system but also to society, largely because of the; Search Snippet: ...American imprisoned mothers throughout the parental termination proceedings since the Indian Child Welfare Act (1978) mandates legal representation for the parents relating... |
2000 |
|
| Chris Gottlieb |
IMPROVING RES IPSA LOQUITUR DOCTRINE IN CHILD ABUSE CASES: A STEP TOWARD RACIAL JUSTICE |
25 Journal of Gender, Race and Justice 411 (Spring, 2022) |
C1-2Table of Contents I. Introduction. 412 II. Prosecution of Civil Child Abuse: Demographics and Res Ipsa Loquitur Doctrine. 415 III. Spreading the Blame. 418 IV. Unprincipled Use of Res Ipsa Loquitur Doctrine in Child Abuse Cases: New York Example. 420 V. Principled Use of Res Ipsa Loquitur in the Realm of Child Abuse. 429 VI. Holding Partners... |
2022 |
|
| C. Eric Davis |
In Defense of the Indian Child Welfare Act in Aggravated Circumstances |
13 Michigan Journal of Race and Law 433 (Spring 2008) |
The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption; Search Snippet: ...Race and Law Spring 2008 Note IN DEFENSE OF THE INDIAN CHILD WELFARE ACT IN AGGRAVATED CIRCUMSTANCES C. Eric Davis [FNa1] Copyright... |
2008 |
Child Welfare |