AuthorTitleCitationSummaryYearKey Term in Title or Summary
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  
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  
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  
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  
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  
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  
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  
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  
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  
  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  
  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  
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  
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  
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  
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  
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  
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  
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
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  
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  
  IN THE BEST INTERESTS OF THE CHILD ASYLUM-SEEKER: A THREAT TO FAMILY UNITY 134 Harvard Law Review 1456 (February, 2021) Children need family. And children need safety. The best interests of the child principle attempts to balance those needs in child protection disputes, asking judges to focus on the child's interests when determining whether to remove the child from an allegedly abusive or neglectful home. In practice, the principle has tipped the scale,... 2021  
Aila Hoss INDIANA'S INDIAN LAWS: INDIGENOUS ERASURE AND RACISM IN THE LAND OF THE INDIANS 30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... 2021  
Angelique EagleWoman (Wambdi A. Was'teWinyan) JURISPRUDENCE AND RECOMMENDATIONS FOR TRIBAL COURT AUTHORITY DUE TO IMPOSITION OF U.S. LIMITATIONS 47 Mitchell Hamline Law Review 342 (February, 2021) I. Introduction. 342 II. Questioning the Legal Basis for the Courts of Indian Offenses. 344 A. The Context of Shifting U.S. Indian Policies. 345 B. Courts of Indian Offenses as Assimilation Era Federal Instrumentalities. 347 III. Transition to Indian Self-Government and Modern Tribal Courts. 351 A. The Operation of Tribal Courts. 352 B. Tribal... 2021  
Rebekah Ross LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY 96 Washington Law Review 311 (March, 2021) American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... 2021  
Adam Crepelle LIES, DAMN LIES, AND FEDERAL INDIAN LAW: THE ETHICS OF CITING RACIST PRECEDENT IN CONTEMPORARY FEDERAL INDIAN LAW 44 New York University Review of Law and Social Change 529 (2021) Federal Indian law is rooted in history. Present day Indian law practitioners routinely cite cases from the 1800s. Most of the jurisprudence dealing with Indians in the 1800s is flagrantly racist and based upon grossly erroneous stereotypes about Indians. Contemporary Indian rights continuously erode because federal Indian law remains stuck in the... 2021  
Amanda Tesarek MAKING THE "BEST" BETTER: TRANSFERRING BEST INTERESTS DETERMINATIONS TO TRIBES AS A SOLUTION TO THE ONGOING POST-COLONIAL INDIGENOUS CHILD WELFARE CRISIS 30 Minnesota Journal of International Law 395 (Spring, 2021) Kill the Indian in him, and save the man. [C]ontinue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian department. [T]he destiny of the natives of aboriginal origin . lies in their ultimate absorption by the people of the Commonwealth . These... 2021 Yes
Ana Condes MAN CAMPS AND BAD MEN: LITIGATING VIOLENCE AGAINST AMERICAN INDIAN WOMEN 116 Northwestern University Law Review 515 (2021) Abstract--The crisis of sexual violence plaguing Indian Country is made drastically worse by oil-pipeline construction, which often occurs near reservations. The man camps constructed to house pipeline workers are hotbeds of rape, domestic violence, and sex trafficking, and American Indian women are frequently targeted due to a perception that... 2021  
Samantha Zuehlke MINNESOTA'S SYSTEM OF JUSTICE BY GEOGRAPHY IN CHILD PROTECTION PROCEEDINGS: BASE ISSUES IN MINNESOTA'S PARENTAL REPRESENTATION SCHEME AND IN THE DISCRETIONARY APPOINTMENT OF COUNSEL UNDER SECTION 260C.163 47 Mitchell Hamline Law Review 447 (April, 2021) I. Introduction. 448 II. Lassiter V. Department of Social Services: The Death of Civil Gideon. 450 III. Minnesota's Representation Scheme. 452 A. Pre-2008: Public Defenders as Court-Appointed Parent Attorneys in Minnesota. 453 B. Minnesota's 2018 Analysis of Section 260C.163: In re the Welfare of the Child of A.M.C.. 456 C. The Emergency Protective... 2021  
Maxwell Stearns MODELING NARROWEST GROUNDS 89 George Washington Law Review 461 (May, 2021) The Supreme Court's doctrinal statements governing nonmajority opinions demonstrate inconsistencies and confusion belied by the Justices' behaviors modeling the narrowest grounds doctrine. And yet, lower courts are bound by stated doctrine, beginning with Marks v. United States, not rules of construction inferred from judicial conduct. This Article... 2021  
Shanta Trivedi MY FAMILY BELONGS TO ME: A CHILD'S CONSTITUTIONAL RIGHT TO FAMILY INTEGRITY 56 Harvard Civil Rights-Civil Liberties Law Review 267 (Summer, 2021) Every day in the United States, the government separates children from their parents based on their parents' immigration status, incarceration, or involvement in the child welfare system--and the children have no say in the matter. The majority of these families are racial minorities and economically underprivileged. Under current law, children's... 2021  
Beth A. Lauck , Courtney L.A. Roelandts NEW MINOR GUARDIANSHIP LAW: CHANGING CHILDREN'S LIVES 94-JAN Wisconsin Lawyer 16 (January, 2021) A law enacted in February 2020 moves private minor guardianships of the person from Wis. Stat. chapter 54 to Wis. Stat. chapter 48 [the Children's Code], specifically Wis. Stat. section 48.9795, and expands the types of private minor guardianships available to better meet the needs of children and families. Chapter 54 either does not address or had... 2021  
Angelique EagleWoman , (Wambdi A. Was'teWinyan) PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION 47 Mitchell Hamline Law Review 640 (April, 2021) I. Introduction. 641 II. Doctrine of Discovery, British Treaty-Making to U.S. Treaty-Making. 642 A. The Treaty of Niagara in 1764. 645 B. British Colonies form the United States of America. 647 III. Permanent Homelands and Treaty Relationships. 648 A. U.S. Constitution and Tribal Nations. 649 B. Status of American Indians and Imposition of U.S.... 2021  
Adam Crepelle PROTECTING THE CHILDREN OF INDIAN COUNTRY: A CALL TO EXPAND TRIBAL COURT JURISDICTION AND DEVOTE MORE FUNDING TO INDIAN CHILD SAFETY 27 Cardozo Journal of Equal Rights & Social Justice 225 (Spring, 2021) C1-2Table of Contents I. Introduction. 226 II. Child Abuse Data and Its Effects. 229 III. Explaining the High Rates of Child Maltreatment in Indian Country. 232 A. Jurisdictional Confusion. 232 B. Lack of Law Enforcement Resources. 238 C. Lack of Access to Criminal Databases. 241 D. Inadequate Healthcare and Social Services. 244 E. Socioeconomics.... 2021  
Joy Barber RACE TO JURISDICTION: FORUM DETERMINATION IN DV-RELATED CHILD CUSTODY ACTIONS WHEN SURVIVORS FLEE ACROSS RESERVATION LINES 82 Montana Law Review 259 (Summer, 2021) You are a state district court judge in a small town just outside an Indian reservation. Before you is a dissolution petition with a parenting plan brought by the mother of two children. All three are tribal members. The family has primarily lived on the reservation for the previous four years. However, after being severely beaten by her non-Indian... 2021  
Larry R. Daves RECONCILING OUR PAST 50-OCT Colorado Lawyer 6 (October, 2021) On September 29, 2020, H.R. 8420 was introduced in Congress to establish the Truth and Healing Commission on Indian Boarding School Policy in the United States. The Act does not call for reparations for Native Americans, but it should. Perhaps the strongest argument for restitution derives from the formal US policy of child separation that was in... 2021  
Philip Lee REJECTING HONORARY WHITENESS: ASIAN AMERICANS AND THE ATTACK ON RACE-CONSCIOUS ADMISSIONS 70 Emory Law Journal 1475 (2021) Since the 1960s, Asian Americans have been labeled by the dominant society as the model minority. This status is commonly juxtaposed against so-called problem minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer... 2021  
Elizabeth Ann Kronk Warner RENEWABLE ENERGY DEPENDS ON TRIBAL SOVEREIGNTY 69 University of Kansas Law Review 809 (June, 2021) Ten years ago, I wrote an article examining the development of renewable energy projects in Indian country. Over the past ten years, many things related to renewable energy development in Indian country have changed, but some things remain unchanged. With the advantage of hindsight, it is now easier to glean trends from projects that have been... 2021  
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