Addie C. Rolnick Untangling the Web: Juvenile Justice in Indian Country 19 NYU Journal of Legislation and Public Policy 49 (2016) The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration; Search Snippet: ...Juvenile Justice and Delinquency Prevention Act 133 4. Extend the Indian Child Welfare Act 134 B. Improving Outcomes for Native Youth in... 2016
Shannon M. Morris Baby Veronica Ruling: Implications for the Indian Child Welfare Act in Indian Child Removals and Adoptions to Non-indian Custodians 72 National Lawyers Guild Review Rev. 1 (Spring, 2015) Let us put our minds together and see what life we can make for our children. --Chief Sitting Bull In 1978, the Indian Child Welfare Act (ICWA) was enacted to prevent the biased treatment of Indian children and families by public and non-Indian private child welfare systems. The assimilation policies of the 1950s and 1960s were all designed to; Search Snippet: ...Guild Review Spring, 2015 BABY VERONICA RULING: IMPLICATIONS FOR THE INDIAN CHILD WELFARE ACT IN INDIAN CHILD REMOVALS AND ADOPTIONS TO NON-INDIAN CUSTODIANS Shannon M. Morris... 2015
Bethany R. Berger Diversely Native 62-JUN Federal Lawyer 54 (June, 2015) Many federal Indian law professors have experienced some version of the following: We go to a law school to give a workshop on a specific aspect of federal Indian law and get a question along the lines of Why should there be tribes? One might compare it to giving a talk on a specific aspect of constitutional or international law and getting the; Search Snippet: ...FN5] In Adoptive Couple v. Baby Girl [FN6] concerning the Indian Child Welfare Act (ICWA), the U.S. Supreme Court focused on the... 2015
Senator Byron L. Dorgan, Joanne Shenandoah Ending Violence So American Indian Alaska Native Children Can Thrive 40-MAY Human Rights 10 (May, 2015) The children of the first Americans should not be left behind. Yet, that is what American Indian and Alaska Native (AI/AN) children have been facing for decades. Inadequate schools, housing, health care, and more have created conditions that cannot continue. These children have been disadvantaged by the false promises that were made to American; Search Snippet:, culture, and language and the abuse of generations of Native children in American boarding schools. We heard that, through a tragic history of broken... 2015
Bethany R. Berger In the Name of the Child: Race, Gender, and Economics in Adoptive Couple V. Baby Girl 67 Florida Law Review 295 (January, 2015) On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case was ostensibly about a dispute between prospective adoptive parents and a biological father. But this Article demonstrates that; Search Snippet: ...Court decided Adoptive Couple v. Baby Girl , holding that the Indian Child Welfare Act did not permit the Cherokee father in that... 2015
Nizhone Meza Indian Education: Maintaining Tribal Sovereignty Through Native American Culture and Language Preservation 2015 Brigham Young University Education and Law Journal 353 (2015) The United States government has attempted to accommodate, assimilate, and terminate the Indian since declaring its Independence. Indian Education Policy was no different as it duplicated the general Federal Indian Policy making an indirect substantial impact on tribal sovereignty. This impact is felt today as traditional Native American languages; Search Snippet: encourage individual identity as opposed to tribal identity of Indian children by teaching them how to work and understand the possession... 2015
Rita Lenane It Doesn't Seem Very Fair, Because We Were Here First: Resolving the Sioux Nation Black Hills Land Dispute and the Potential for Restorative Justice to Facilitate Government-to-government Negotiations 16 Cardozo Journal of Conflict Resolution 651 (Winter, 2015) As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and . . . [w]e further recognize that restoring tribal lands through appropriate means; Search Snippet: ...late twentieth, in which aboriginal children were taken to mandatory boarding schools in an effort to forcibly assimilate the Native population. Not only were the children prohibited from speaking or... 2015
Breann Nu'uhiwa Language Is Never about Language: Eliminating Language Bias in Federal Education Law to Further Indigenous Rights 37 University of Hawaii Law Review 381 (Spring, 2015) Language is power, life and the instrument of culture, the instrument of domination and liberation. -Angela Carter Before infants utter their first words or learn to assign meaning to speech, they develop preferences for those who speak their native languages in native accents. As children move into the preschool environment, language differences; Search Snippet: ...worked to eradicate Native languages, religions, beliefs, and practices. American Indian children have been at the very center of the battleground between... 2015
Natsu Taylor Saito Race and Decolonization: Whiteness as Property in the American Settler Colonial Project 31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) If we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for; Search Snippet: ...the Executive to engage in otherwise unconstitutional actions against American Indian nations with no semblance of judicial restraint, [FN71] resulting, for example, in generations of American Indian children being forced into abusive boarding schools, [FN72] and the government's failure to account for more... 2015
S. James Anaya Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in the United States of America 32 Arizona Journal of International and Comparative Law 51 (2015) C1-2Table of Contents Summary. 52 I. The indigenous peoples of the United States. 53 A. The diverse indigenous nations, tribes and communities. 53 B. The contributions of indigenous peoples to the broader society, despite negative stereotypes. 54 II. United States law and policy regarding indigenous peoples. 55 A. The basic framework. 55 B. The; Search Snippet: ...of federal programmes that are devised for their benefit; the Indian Child Welfare Act of 1978, which favours indigenous custody of indigenous... 2015
Geoffrey D. Strommer, Stephen D. Osborne The History, Status, and Future of Tribal Self-governance under the Indian Self-determination and Education Assistance Act 39 American Indian Law Review Rev. 1 (2014-2015) This year marks the 40th anniversary of the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), a cornerstone of modern federal Indian policy. In 1988, amendments to the ISDEAA created the Tribal Self-Governance Demonstration Project. By providing a statutory basis for the broader movement of tribal self-governance, this; Search Snippet: ...schools, but by the late nineteenth century the focus of Indian education had shifted to federal boarding schools so that students could be more completely removed from... 2015
Martin Guggenheim The Importance of Family Defense 48 Family Law Quarterly 597 (Winter, 2015) Over the past decade, there has been a growing national movement to advance the rights of parents and families in child welfare proceedings. Spearheaded by the National Parent Representation Steering Committee at the American Bar Association's Center on Children and the Law, the movement's purpose is to achieve procedural and social justice for all; Search Snippet: ...blight on American history is the practice of separating American Indian children from their families. Beginning near the end of the nineteenth century, the Bureau of Indian Affairs began using American Indian boarding schools in a planned effort to eradicate Indian culture. [FN7] The goal was to extirpate Indian custom and culture from Indian children by denying them the opportunity to speak in their native... 2015
Kathleena Kruck The Indian Child Welfare Act's Waning Power after Adoptive Couple V. Baby Girl 109 Northwestern University Law Review 445 (Winter 2015) Abstract--In the 1970s, state authorities began removing Indian children from their homes by the thousands and placing them into foster care, institutional housing, and with white families. To counteract this forced assimilation, Congress passed the Indian Child Welfare Act (ICWA) in 1978. The ICWA conferred many powers previously held by the; Search Snippet: ...Northwestern University Law Review Winter 2015 Notes and Comments THE INDIAN CHILD WELFARE ACT'S WANING POWER AFTER ADOPTIVE COUPLE V. BABY GIRL... 2015
Amanda Rogerson The Tribal Trust and Government-to-government Consultation in a New Ecological Age 93 Oregon Law Review 771 (2015) Introduction. 772 I. Climate Impacts to Tribal Cultures. 776 II. The Federal Indian Trust Doctrine. 778 A. Origins. 778 B. The Trust as Power over American Indians. 780 C. The Trust as Responsibility for Tribes. 784 III. Government-to-Government Consultation's Fulfillment of the Trust Doctrine Today. 786 IV. Reinterpreting the Trust Doctrine to; Search Snippet: ...FN61] In the name of civilization, the federal government prohibited Indians from engaging in religious practices, encouraged missionary activity on reservations, and sent Indian children to boarding schools. [FN62] In 1885, Congress also explicitly limited tribes' control... 2015
Angela R. Riley , Adeleene M. Rockwell The United States Country Report of Special Rapporteur S. James Anaya: Reflections and Aspirations 32 Arizona Journal of International and Comparative Law 183 (2015) C1-2Table of Contents I. Introduction. 183 II. Methodology and Findings. 185 III. Looking Towards International Human Rights Law. 188 IV. Recommendations and Aspirations. 190 V. Conclusion. 192; Search Snippet: ...Immense land dispossession, combined with the mass, forced removal of Indian children into Indian boarding schools furthered the stated American mission to kill the Indian, save the man. [FN14] Through these and other assimilative efforts, collective, tribal lands were broken up. Indian children were taken from their families, deprived of their languages, their... 2015
Katerina Silcox Thompson V. Fairfax County Department of Family Services: Determining the Best Interests of the Indian Child 10 Liberty University Law Review 141 (Fall, 2015) Children are a gift from the Lord - Psalm 127:3. Remember that your children are not your own, but are lent to you by the Creator. - Mohawk Proverb In the Virginia case of Thompson v. Fairfax County Department of Family Services, the Virginia Court of Appeals declined to recognize the so-called Existing Indian Family Exception (hereinafter; Search Snippet: ...DEPARTMENT OF FAMILY SERVICES: DETERMINING THE BEST INTERESTS OF THE INDIAN CHILD Katerina Silcox [FNd1] Copyright (c) 2015 the Liberty University Law... 2015
Addie C. Rolnick Tribal Criminal Jurisdiction Beyond Citizenship and Blood 39 American Indian Law Review 337 (2014-2015) Introduction. 338 I. A Patchwork of Rules. 348 A. Jurisdiction Ends at the Indian. 352 B. Jurisdiction Extends to Nonmember Indians. 360 1. Duro v. Reina. 361 2. The Duro Fix. 364 C. Who Is an Indian?. 369 1. Challenges to the Duro Fix. 372 2. Federal Court Review of Tribal Jurisdiction over Unenrolled People. 376 3. Federal Jurisdiction; Search Snippet: ...Tribal Law 439, 444 (Navajo 1999) Given the United States Indian education policy of sending Indian children to boarding schools, Indians in the armed services, modern population mobility, and other factors, there are high rates of intertribal intermarriage among American Indians. id. at 447-51 (discussing history of Indians from other... 2015
Lorelei Laird Tribal Rights 101-MAY ABA Journal 15 (May, 2015) When South Dakota's Pennington County petitioned to take custody of Madonna Pappan's children, the hearing lasted slightly more than 60 seconds. Pappan and her husband were not permitted to present any evidence supporting their continued custody, according to a subsequent lawsuit. After her husband asked the judge what he was allowed to say in; Search Snippet: ...TRIBAL RIGHTS South Dakota Class Action Highlights Violations of the Indian Child Welfare Act Lorelei Laird Copyright © 2015 by the American Bar... 2015
  A Bad Man Is Hard to Find 127 Harvard Law Review 2521 (June, 2014) In January 2003, a young woman named Lavetta Elk got into a car with an Army recruiter whom she had known since she was sixteen. She believed that she had been accepted as an enlistee--her dream was to work eventually as an Army nurse--and that he was taking her for a medical evaluation. Instead, Staff Sergeant Joseph Kopf drove down a deserted; Search Snippet: ...for Uncivilized Acts: Filing Suit Against the Government for American Indian Boarding School Abuses, 4 Hastings Race & Poverty L.J. 45, 78-81... 2014
Hope Babcock A Possible Solution to the Problem of Diminishing Tribal Sovereignty 90 North Dakota Law Review 13 (2014) The capacity of Indian tribal sovereignty to protect tribes from outside encroachment and interference has steadily diminished from when the concept was first enunciated in the nineteenth century in the Marshall Indian Law Trilogy. This article assumes as a working premise that only bringing tribes into the Constitution as co-equal sovereigns will; Search Snippet: ...FN18] We, in turn, have a long history of destabilizing Indians--we forcibly removed them from lands they had occupied for... 2014
Shreya A. Fadia Adopting "Biology Plus" in Federal Indian Law: Adoptive Couple V. Baby Girl's Refashioning of Icwa's Framework 114 Columbia Law Review 2007 (December, 2014) This Note argues that the Supreme Court's decision in Adoptive Couple v. Baby Girl creates an apparent tension in federal Indian law. The Court's characterization of the broader aims of the Indian Child Welfare Act of 1978 and of biology's role within it appears irreconcilable with previous interpretations of the Act--including the Court's own; Search Snippet: The Court's characterization of the broader aims of the Indian Child Welfare Act of 1978 and of biology's role within it... 2014
J.D. Cooley Baby Girl's Fate: Adoptive Couple V. Baby Girl - Placing a Child's Chosen Parental Path in the Hands of the United States Supreme Court 8 Southern Journal of Policy and Justice 99 (Spring 2014) Imagine the following scenario: A young couple anxiously await the arrival of their baby girl. She may not be their child biologically, but they will love her all the same. The young couple has gone through all of the red tape and jumped through every legal and procedural hoop. They have even begun to purchase the things their baby girl will need; Search Snippet: ...The law at the center of this case is the Indian Child Welfare Act (ICWA). [FN23] Enacted in 1978, ICWA is a federal law that aims to keep American Indian children with American Indian families. [FN24] ICWA also sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of, or eligible for membership in... 2014
Angelique Townsend Eaglewoman (Wambdi A. Wastewin ) Balancing Between Two Worlds: a Dakota Woman's Reflections on Being a Law Professor 29 Berkeley Journal of Gender, Law & Justice 250 (Summer 2014) There were many paths I considered as a young woman and none of them included becoming a law professor. My journey to my present life as a Dakota woman law professor is about balancing between the worlds I travel back and forth in. There is my tribal world, where I feel replenished and part of an on-going community experience stretching back to; Search Snippet: ...programs such as the Johnson O'Malley [FN4] education program for Indian children in public school systems, and later directly through my tribal... 2014
Ann Piccard Death by Boarding School: "The Last Acceptable Racism" and the United States' Genocide of Native Americans 49 Gonzaga Law Review 137 (2013-2014) For the survivor who chooses to testify, it is clear: His duty is to bear witness for the dead and for the living. He has no right to deprive future generations of a past that belongs to our collective memory. To forget would be not only dangerous but also offensive; to forget the dead would be akin to killing them a second time. I. Introduction; Search Snippet: ...LAW REVIEW Gonzaga Law Review 2013-2014 Article DEATH BY BOARDING SCHOOL: THE LAST ACCEPTABLE RACISM AND THE UNITED STATES' GENOCIDE OF NATIVE AMERICANS Ann Piccard [FNa1] Copyright (c) 2013 The Corporation of... 2014
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
Natsu Taylor Saito Life and Legal Fictions: Reflections on Margaret Montoya's Máscaras, Trenzas, Y Greñas 32 Chicana/o-Latina/o Law Review 81 (2014) The choice is one that cannot be avoided; because of the social realities, the very act of writing, done by any person of color, necessarily becomes either a threat or an appeasement. --Nancy L. Cook Professor Margaret Montoya published Máscaras, Trenzas, y Greñas: Un/Masking the Self While Un/Braiding Latina Stories and Legal Discourse in 1994. It; Search Snippet: ...what Columbus symbolizes, as well as the harm done to Indian children by the glorification of conquest and genocide. [FN35] In 2004... 2014
Melina Angelos Healey Montana's Rural Version of the School-to-prison Pipeline: School Discipline and Tragedy on American Indian Reservations 75 Montana Law Review 15 (Winter, 2014) Introduction. 17 I. Foundations of the Pipeline. 18 A. The Nationwide School-to-Prison Pipeline. 18 B. Tribes and Reservations Examined in this Article. 21 II. Background and Approach. 23 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 23 III. The Data: The Presence of Pipeline Indicators in Montana. 25 A. The Harmful; Search Snippet: ...II. Background and Approach 23 A. The Legacy of American Indian Boarding Schools and Educational Segregation 23 III. The Data: The Presence... 2014
Marie A. Failinger Moving Toward Human Rights Principles for Intercountry Adoption 39 North Carolina Journal of International Law and Commercial Regulation 523 (Winter 2014) I. Introduction. 523 II. The Human Rights Instruments, Human Dignity, and Adoption. 529 III. Principles for Intercountry Adoption Following from Human Dignity. 536 A. The Realism Principle. 536 B. The Global Interdependence Principle. 549 1. The Consequences of Global Interdependence for Governmental Responsibilities for Adoptable Children. 550 2; Search Snippet: least with older children. [FN220] The U.S. experience with boarding schools and adoption of American Indian children into white majority homes not prepared to address their cultural... 2014
Kate Shearer Mutual Misunderstanding: How Better Communication Will Improve the Administration of the Indian Child Welfare Act in Texas 15 Texas Tech Administrative Law Journal 423 (Summer, 2014) I. Introduction. 423 II. Background: A Juxtaposition of the Primary Goals for Removed Children Under the Indian Child Welfare Act and Under the Texas Department of Family and Protective Services. 425 A. The Goals of Child Protective Services Following Removal. 425 1. Best Interests of the Child. 425 2. Permanency Plan. 426 3. Minimum Sufficient; Search Snippet: ...MISUNDERSTANDING: HOW BETTER COMMUNICATION WILL IMPROVE THE ADMINISTRATION OF THE INDIAN CHILD WELFARE ACT IN TEXAS Kate Shearer Copyright (c) 2014 The... 2014
Andrea Wallace Patriotic Racism: an Investigation into Judicial Rhetoric and the Continued Legal Divestiture of Native American Rights 8 DePaul Journal for Social Justice 91 (Winter 2014) It is difficult to get a man to understand something when his salary depends on his not understanding it.-- Upton Sinclair Americans live in a country where race was once legally institutionalized. In fact, it was only 50 years ago that the United States' legal system officially ceased to operate as a mechanism that explicitly condoned racism; Search Snippet: ...removal became so common that by 1978, Congress declared an Indian child welfare crisis of massive portions. [FN196] To counter this crisis, Congress enacted the Indian Child Welfare Act of 1978, requiring state courts to apply Native... 2014
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