| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| 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 |
| 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 |
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| 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 |
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| 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 |
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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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| Stephanie Hall Barclay , Michalyn Steele |
RETHINKING PROTECTIONS FOR INDIGENOUS SACRED SITES |
134 Harvard Law Review 1294 (February, 2021) |
Introduction. 1296 I. The History of Government Callousness and Coercion Regarding Indigenous Sacred Sites. 1303 A. The Significance of Sacred Sites to Indigenous Peoples. 1304 B. Government Disregard of Indigenous Religious Practices and Divestiture of Sacred Sites. 1307 C. Potentially Applicable Tools for Indigenous Sacred Sites. 1317 II.... |
2021 |
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| Malinda L. Seymore |
SPECIALTY BAR ASSOCIATIONS AND THE MARKETING OF ETHICS: THE EXAMPLE OF THE ACADEMY OF ADOPTION ATTORNEYS |
35 Notre Dame Journal of Law, Ethics & Public Policy 49 (2021) |
In a world of lawyer jokes, memes of sleazy lawyers, and the ubiquity of bad lawyers in television shows and movies, lawyers have reason to push back against negative public perceptions of lawyers' ethics. This article examines the role of specialty bar associations, by using the example of the Academy of Adoption Attorneys, in marketing ethics to... |
2021 |
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| Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University |
STORYTELLING AND THE HIGH COUNTRY: READING LYNG v. NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION (1988) |
36 Journal of Law and Religion 181 (August, 2021) |
In Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), the Supreme Court declared constitutional the Forest Service's development plan in an area of the Six Rivers National Forest (known as the High Country) that is central to the religious practice of the Yurok, Karuk, and Tolowa Nations. The Court admitted that [i]t is... |
2021 |
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| Rachel M. Patterson |
THE CHILD WELFARE HYPER SURVEILLANCE STATE: REIMAGINING SUPPORTING PARENTS WITH MENTAL ILLNESSES IN 1028 HEARINGS |
48 Fordham Urban Law Journal 545 (February, 2021) |
Introduction. 546 I. Article 10 Cases from Report to Resolution. 551 A. An Introduction to Article 10 Cases. 551 i. Article 10 Cases. 552 ii. Start of an Article 10 Case. 553 B. Trials and 1028 Hearings. 557 II. The Americans with Disabilities Act and the Adoption and Safe Families Act. 559 A. The ADA Generally. 560 B. The ADA Applied to the Child... |
2021 |
Yes |
| Emily Hudson |
THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT |
47 Ohio Northern University Law Review 359 (2021) |
The Indian Child Welfare Act (ICWA) was passed in 1978 as a response to the disproportionate removal of Indian children from their homes compared to non-Indian children. It was found that this was disproportionality in part because judges and child welfare workers did not understand Indian culture-which led to prejudicial attitudes and the higher... |
2021 |
Yes |
| Vivien Olsen |
THE INDIAN CHILD WELFARE ACT: HISTORY, REFLECTIONS, AND BEST PRACTICES |
90-OCT Journal of the Kansas Bar Association 40 (September/October, 2021) |
The Indian Child Welfare Act (ICWA or the Act), found at 25 U.S.C. § 1901 et seq., is not discretionary. Kansas law requires the ICWA be applied in child welfare cases that involve an Indian child. K.S.A. 38-2203(a) provides: Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those... |
2021 |
Yes |
| Katherine Farrell Ginsbach |
THE OGLALA LAKOTA AND THE RIGHT TO HEALTH: THE FORGOTTEN AMERICANS |
24 Quinnipiac Health Law Journal 237 (2021) |
C1-3Table of Contents I. Introduction. 239 II. Background. 241 A. Oglala Lakota Demographics. 241 III. Historical Significance. 244 A. Fort Laramie Treaty of 1868. 245 B. The Black Hills and Dawes Act. 247 C. Snyder Act through Present Day. 248 IV. Indigenous Peoples' Health in the United States. 251 A. Indian Health Services. 253 B. Disease... |
2021 |
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| Elizabeth A. Reese |
THE OTHER AMERICAN LAW |
73 Stanford Law Review 555 (March, 2021) |
American legal scholarship focuses almost exclusively on federal, state, and local law. However, there are 574 federally recognized tribal governments within the United States, whose laws are largely ignored. This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of American law... |
2021 |
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| Ian F. Tapu |
THE REASONABLE INDIGENOUS YOUTH STANDARD |
56 Gonzaga Law Review 529 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3530 I. J.D.B. v. North Carolina: Opening the Door for Youth. 534 II. The Indigenous Youth Experience. 536 III. The Connection Between the Contextual Legal Framework and a Reasonable Indigenous Youth Standard. 539 IV. The Indigenous Youth Standard Already Conforms to Precedent. 541 L1-2Conclusion . L3544 |
2021 |
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| Dylan Hartsook |
THE SUPREME COURT OF WASHINGTON'S BROAD INTERPRETATION OF THE "REASON TO KNOW" STANDARD IN IN RE DEPENDENCY OF Z.J.G. AND WHY A UNIFORM, BROAD INTERPRETATION OF THE STANDARD WILL LEAD TO BETTER OUTCOMES |
45 American Indian Law Review 387 (2021) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to remedy the widespread and disparate removal of Indian Children from their unique cultures. Around the time ICWA was enacted, a survey of sixteen states showed approximately 85 percent of all Indian children in foster care were living in non-Indian homes. ICWA provides standards for... |
2021 |
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