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 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
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
Matthew L.M. Fletcher, Wenona T. Singel Indian Children and the Federal-tribal Trust Relationship 95 Nebraska Law Review 885 (2017) C1-2TABLE OF CONTENTS I. Introduction. 886 II. Indian Children and the Founding Generation. 892 A. The Treaty and International Law Basis of the Federal-Tribal Trust Relationship. 893 B. Federal Military and Diplomatic Actions. 895 1. Colonial Era. 896 2. Revolutionary War. 899 3. Post-Revolutionary War Era. 901 4. The Northwest Indian War. 903 5; Search Snippet: ...WL 3327921 NEBRASKA LAW REVIEW Nebraska Law Review 2017 Article INDIAN CHILDREN AND THE FEDERAL-TRIBAL TRUST RELATIONSHIP Matthew L.M. Fletcher Wenona... 2017
Katherine Florey Making it Work: Tribal Innovation, State Reaction, and the Future of Tribes as Regulatory Laboratories 92 Washington Law Review 713 (June, 2017) Abstract: This Article examines a growing phenomenon: even as the Supreme Court has steadily contracted the scope of tribes' regulatory authority, many tribes have in recent years passed innovative laws and ordinances, often extending well beyond any comparable initiatives at the state or local level. Recently, for example, the Navajo Nation passed; Search Snippet: ...attitudes about marijuana consumption imposed on tribes by outsiders: [d]uring boarding schools [intended to force the assimilation of Indian children], our way of life was outlawed, and so many of... 2017
Angela R. Riley Native Nations and the Constitution: an Inquiry into "Extra-constitutionality" 130 Harvard Law Review Forum 173 (April, 2017) Federal Indian law is oftentimes characterized as a niche and discrete area of law, but this depiction really misstates the breadth and relevance of the field. Federal Indian law is a horizontal subject: virtually every area of law in the American canon has an Indian law component: taxation, water rights, civil and criminal jurisdiction, labor; Search Snippet: ...vast body of scholarship has detailed the wrongs committed against Indian people: broken treaties, land dispossession, genocide, disease, bounties placed on Indian skins, abusive boarding schools, religious persecution, denial of voting rights, and removal of Indian children from Indian homes (among other things) were all promoted by American law... 2017
Addie Rolnick , Kim Pearson Racial Anxieties in Adoption: Reflections on Adoptive Couple, White Parenthood, and Constitutional Challenges to the Icwa 2017 Michigan State Law Review 727 (2017) C1-2Table of Contents Introduction. 727 I. Displaced Children. 733 II. Race in Family Law. 738 III. Whiteness and Ideal Parenthood. 745 Conclusion. 750; Search Snippet: ...III. Whiteness and Ideal Parenthood 745 Conclusion 750 Introduction The Indian Child Welfare Act (ICWA) is under fire; challengers argue that it... 2017
Allison E. Davis Roadway to Reform: Assessing the 2015 Guidelines and New Federal Rule to the Indian Child Welfare Act's Application to State Courts 22 Suffolk Journal of Trial and Appellate Advocacy 91 (2016-2017) In 1987, Congress enacted the Indian Child Welfare Act (ICWA), in order to protect Native American children during custody and placement proceedings. The 38-year-old statute was last updated on its application with guidelines in 1979. Over the years, courts have determined that the guidelines were not binding on state courts; rather the; Search Snippet: ...ASSESSING THE 2015 GUIDELINES AND NEW FEDERAL RULE TO THE INDIAN CHILD WELFARE ACT'S APPLICATION TO STATE COURTS Allison E. Davis Copyright... 2017
Michael I. Fiske Self-determination for Whom? Native American Sovereign Immunity & Disability Rights 10 Albany Government Law Review 271 (2017) Both Native American tribes and individuals with disabilities are historically oppressed minorities that have experienced a variety of profound social, cultural, and economic barriers. From the very beginnings of the United States, dominant societal attitudes have perceived Native Americans as being inferior and uncivilized, and commonly referred; Search Snippet: ...policies on the part of the federal government to suppress Native American cultures, languages, and religious traditions; while attempting to forcibly... 2017
Matthew L.M. Fletcher States and Their American Indian Citizens 41 American Indian Law Review 319 (2017) For the past four decades, Republican control of the White House and Congress has not augured well for Indian country. Conservative administrations are unlikely to support trust land acquisitions, for example. The current administration's informal spokesmen talk openly of privatizing Indian trust and reservation lands, a twenty-first century form; Search Snippet: ...termination. [FN2] The Obama administration's cooperation with Indian tribes in Indian child welfare litigation and trust land acquisition matters, to name two... 2017
Hedi Viterbo Ties of Separation: Analogy and Generational Segregation in North America, Australia, and Israel/palestine 42 Brooklyn Journal of International Law 695 (2017) Introduction. 696 I. Analogy and Generational Segregation. 700 A. Transcending Prison Through Analogies. 701 B. Generational Segregation in Israeli Custody. 704 C. Analogizing Generational Segregation. 708 II. Already Analogized. 719 III. Analogy's Frameworks. 729 A. Legalistic Analogies Concerning Generational Segregation. 730 B. Rigid; Search Snippet: ...U.S.] government reached the conclusion that successful assimilation required removing Indian children from their reservations and reeducating them away from their families and environments . For several years, Indian parents had to send their children to various off-reservation boarding schools or to specially constructed boarding schools at the periphery of the reservations . Once the children... 2017
Marcia Zug Traditional Problems: How Tribal Same-sex Marriage Bans Threaten Tribal Sovereignty 43 Mitchell Hamline Law Review 761 (2017) I. Introduction. 761 II. Same-Sex Marriage in Indian Country. 768 III. Tribal Sovereignty, Tradition, and Unfairness. 773 A. Interpreting Santa Clara Pueblo v. Martinez. 774 B. The Cherokee Freedmen. 777 IV. Tribal Traditions and Fairness. 783 A. Crow Dog and Tribal Justice. 784 B. Mississippi Band of Choctaw Indians v. Dollar General Corp. 787 1; Search Snippet: ...Courts 789 2. Traditions, Customs, and Bias 792 C. The Indian Child Welfare Act 795 V. The Future 797 VI. Conclusion 800... 2017
Gwen N. Westerman, PhD, Minnesota State University, Mankato Treaties Are More than a Piece of Paper: Why Words Matter 10 Albany Government Law Review 293 (2017) Minnesota is a Dakota place. The Dakota people's place in Minnesota. Is there a difference between those two statements? The first is a simple declarative sentence that identifies Minnesota. The second is a dependent phrase that locates the people in the place but is lacking context. This transformation of syntax also transforms the meaning. In; Search Snippet: ...passed that forbade Indians and whites to marry. Day schools, boarding schools, and industrial schools were built and filled with Indian children removed from the influence of their families. [FN78] My grandparents... 2017
Regina Gerhardt Tribal Sovereignty and Gaming: a Proposal to Amend the National Labor Relations Act 39 Cardozo Law Review 377 (October, 2017) C1-2Table of Contents Introduction. 378 I. Legal Background. 381 A. History of Tribal Sovereignty in the United States. 381 1. Origins of Tribal Sovereignty. 382 2. Tribal Sovereignty over Strictly Commercial Matters. 387 B. Federal Laws of General Applicability. 388 C. Impact of the Gaming Industry on Tribes and the Non-Tribal Labor Force. 390; Search Snippet: ...and responsibility to the Indian people for the education of Indian children Pevar supra note 31, at 35. See id... 2017
Raymond Cross Tribes as Rich Nations 38 Public Land & Resources Law Review 117 (2017) I. Introduction. 119 A. The Life-Cycle of the Tribe. 123 1. Birth. 123 2. Childhood. 127 3. Adolescence. 128 4. Death. 133 5. Rebirth. 143 II. The Failed Effort to Emancipate the American Indian Peoples. 146 A. The Origin of Tribal Self-Determination. 147 1. Evaluating the Self-Determination Component. 148 2. Evaluating the Tribal Component. 149; Search Snippet: ...their tribesmen to be white Indians. [FN67] Third, allotment encouraged Indian parents to send their children to the newly-created federal Indian boarding schools. [FN68] An American-type education was deemed to be the most reliable means for assimilating Indian children into a non-Indian society. [FN69] It was the archetypal... 2017
Heather Parker Truth and Reconciliation Commissions: a Needed Force in Alaska? 34 Alaska Law Review 27 (June, 2017) Introduction. 28 Background and Definitions. 31 Truth Commissions. 31 Reconciliation. 34 Context for Alaska. 35 History of Occupation. 36 Forced Assimilation Policies. 37 Government-Endorsed Discrimination. 38 Aftermath of Assimilation and Discrimination Policies in Alaska. 40 Comparison and Overview of Select International Commissions. 42 South; Search Snippet: ...the village, it was eerily quiet that winter. [FN61] At boarding school, all topics were taught in English and there was a constant message that Native cultures, heritage, and languages were of no use, including singing... 2017
Scott Trowbridge Understanding the 2016 Indian Child Welfare Act Regulations 36 Child Law Practice Prac. 6 (January, 2017) The Indian Child Welfare Act (ICWA) was passed in 1978 in response to widespread removals of Native American children. It came on the heels of official policies aimed at eroding tribal sovereignty and culture. ICWA is unique in that it seeks to protect children, their families, and the right of tribal governments to exercise parens patriae; Search Snippet: ...Practice January, 2017 Law and Policy Update UNDERSTANDING THE 2016 INDIAN CHILD WELFARE ACT REGULATIONS Scott Trowbridge [FNa1] Copyright © 2017 by American Bar Association; Scott Trowbridge T he Indian Child Welfare Act (ICWA) [FN1] was passed in 1978 in response... 2017
Alison Burton What about the Children? Extending Tribal Criminal Jurisdiction to Crimes Against Children 52 Harvard Civil Rights-Civil Liberties Law Review 193 (Winter, 2017) C1-2Table of Contents Introduction. 194 I. Jurisdictional Gaps in Indian Country. 197 A. Tribes occupy a unique position in United States law as domestic dependent nations. 197 B. Overlapping tribal, federal, and state criminal jurisdiction in Indian country has created a jurisdictional crazy quilt with devastating gaps. 198 i. What qualifies as; Search Snippet: ...Criminal Jurisdiction to Crimes that Non-Indians Commit Against American Indian Children 209 A. Native children experience heightened levels of criminal victimization... 2017
Bethany R. Berger Birthright Citizenship on Trial: Elk V. Wilkins and United States V. Wong Kim Ark 37 Cardozo Law Review 1185 (April, 2016) In the summer of 2015, the majority of Republican candidates for president announced their opposition to birthright citizenship. The constitutional dimensions of that right revolve around two cases decided at the end of the nineteenth century, Elk v. Wilkins (1884) and United States v. Wong Kim Ark (1898). The first held that an American Indian man; Search Snippet: ...of individualism and freedom. [FN25] In the name of freeing Indians from the shackles of tribalism, federal officials governed the minutiae of reservation life, charting how many Indians wore citizen's dress and how many acres they farmed, [FN26] and removed Indian children to boarding schools, circulating photographs showing their transformation from savagery to civilization... 2016
Lorelei Laird Children of the Tribe 102-OCT ABA Journal 40 (October, 2016) Alexandria P.'s short life has been full of harsh goodbyes. At 17 months, she was taken from her parents after accusations of neglect. Los Angeles County authorities placed her in a foster home--but within months, she suffered a black eye and a scrape and was removed again. A second foster family gave her up after just a few months, partly because; Search Snippet: ...October, 2016 Feature CHILDREN OF THE TRIBE Lawsuits Claim the Indian Child Welfare Act Is Not Always in the Best Interests of... 2016
Angela R. Riley Crime and Governance in Indian Country 63 UCLA Law Review 1564 (August, 2016) Criminal jurisdiction in Indian country is defined by a central, ironic paradox. Recent federal laws expanding tribal criminal jurisdiction are, in many respects, enormous victories for Indian country, as they acknowledge and reify a more robust notion of tribal sovereignty, one capable of accommodating increased tribal control over safety and; Search Snippet: ...must be weighed in prosecuting Indians--who are parents to Indian children, employees of the tribe, etc.--are present in these cases... 2016
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
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
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
William Wood Indians, Tribes, and (Federal) Jurisdiction 65 University of Kansas Law Review 415 (December, 2016) Land, and controlling what happens on it and the revenues from it, has always been the focal point of relations between Indigenous peoples and non-Natives in North America. Today, as many Indian tribes rebuild their land bases after centuries of dispossession, with the result that state and local governments generally lose jurisdiction over the; Search Snippet: these tribes, although some of their children attended federal boarding schools for Indians. [FN78] As the Supreme Court noted in Carcieri , the Narragansett... 2016
Courtney Hodge Is the Indian Child Welfare Act Losing Steam?: Narrowing Non-custodial Parental Rights after Adoptive Couple V. Baby Girl 7 Columbia Journal of Race and Law 191 (2016) In 2013, the United States Supreme Court handed down a decision in Adoptive Couple v. Baby Girl, a decision that will have long-term effects on the use of the Indian Child Welfare Act by non-custodial Native parents. Congress passed the Indian Child Welfare Act in 1978 in response to the high volume of Native children that had been removed from; Search Snippet: ...Columbia Journal of Race and Law 2016 Note IS THE INDIAN CHILD WELFARE ACT LOSING STEAM?: NARROWING NON-CUSTODIAL PARENTAL RIGHTS AFTER... 2016
Angela R. Riley , Kristen A. Carpenter Owning Red: a Theory of Indian (Cultural) Appropriation 94 Texas Law Review 859 (April, 2016) In a number of recent controversies, from sports teams' use of Indian mascots to the federal government's desecration of sacred sites, American Indians have lodged charges of cultural appropriation or the unauthorized use by members of one group of the cultural expressions and resources of another. While these and other incidents make; Search Snippet: ...another innovation in 1697: the Commonwealth awarded bounties for killing Indian children under the age of ten. [FN61] Eventually, [p]olicymakers offered bounties... 2016
Robette Ann Dias Racism Creates Barriers to Effective Community Policing 40 Southern Illinois University Law Journal 501 (Spring, 2016) It is not often that I am invited as a community member to speak in an academic setting, and to have received the invitation to address something as essential as the relationship between healthy communities and law enforcement is an honor and a heavy responsibility. I am grateful to have had that opportunity and grateful for the invitation to; Search Snippet: ...stealing reservation resources. [FN25] Policing was also used to remove Indian children from their tribal communities to place them in residential boarding schools where many of the children experienced violence in the... 2016
Rebecca Tsosie The Politics of Inclusion: Indigenous Peoples and U.s. Citizenship 63 UCLA Law Review 1692 (August, 2016) This Article explores the dynamics of U.S. citizenship and indigenous self-determination to see whether, and how, the two concepts are in tension and how they can be reconciled. The Article explores the four historical frames of citizenship for indigenous peoples within the United States--treating indigenous peoples as citizens of separate nations,; Search Snippet: the mid-nineteenth century. [FN128] The BIA instituted the boarding school policy, which forcibly removed Indian children from their families and sent them to distant boarding schools where they were forbidden to speak their language or... 2016
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