| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| Charlotte Baughman, Tehra Coles, Jennifer Feinberg, Hope Newton |
THE SURVEILLANCE TENTACLES OF THE CHILD WELFARE SYSTEM |
11 Columbia Journal of Race and Law 501 (July, 2021) |
The family regulation system identifies families through the use of widespread, cross-system surveillance for the purported purpose of keeping children safe. But the system does not surveil all families equally, leading to the disproportionate impact of family regulation on Black, Brown, and Native families, and fails to protect while causing more... |
2021 |
Yes |
| Barbara A. Atwood |
THIRD-PARTY CUSTODY, PARENTAL LIBERTY, AND CHILDREN'S INTERESTS |
43-SPG Family Advocate 48 (Spring, 2021) |
Two decades after Troxel v. Granville, 530 U.S. 57 (2000), the law governing third-party or nonparent contact with children is still in flux. This article explores current third-party custody law, including the evolving standards in the courts, illustrative statutory frameworks, and potential legal issues that can arise in nonparent custody... |
2021 |
|
| Lori Bable |
TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY |
18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) |
This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... |
2021 |
|
| David R. Katner |
TRUMP'S POLICY OF PUTTING KIDS IN CAGES: SIX DEAD, THOUSANDS SEPARATED FROM PARENTS, MAKING AMERICA GREAT AGAIN? |
28 Virginia Journal of Social Policy and the Law 87 (Spring, 2021) |
Introduction. 88 I. Conditions of Children's Detentions at the U.S. Border. 96 II. The Traumatic Impact of Separating Children from Parents and Locking them Up. 105 A. The Complications and Manipulations of Conditions of Poverty. 110 B. Need for Therapeutic Interventions for Children and Adolescents Separated from Parents by the Trump... |
2021 |
|
| Lauren E. Schneider |
TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) |
52 Loyola University Chicago Law Journal 1099 (Summer, 2021) |
The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... |
2021 |
|
| Laura Briggs |
TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT |
11 Columbia Journal of Race and Law 611 (July, 2021) |
This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... |
2021 |
|
| Lauren van Schilfgaarde , Brett Lee Shelton |
USING PEACEMAKING CIRCLES TO INDIGENIZE TRIBAL CHILD WELFARE |
11 Columbia Journal of Race and Law 681 (July, 2021) |
Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child... |
2021 |
Yes |
| Catherine S. Connell , Leslie A. Hagen , Stephanie C. Knapp , Unit Chief, Child Victim Services Unit, FBI Victim Services Division, National Indian Country Training Coordinator, Office of Legal Education, Executive Office for United States Attorneys, Supe |
WORKING TOGETHER: BUILDING AND SUSTAINING A MULTIJURISDICTIONAL RESPONSE TO MISSING OR MURDERED INDIGENOUS CHILDREN AND ADOLESCENTS |
69 Department of Justice Journal of Federal Law and Practice 5 (March, 2021) |
Sadly, children, all too frequently, go missing in communities across the country, including tribal communities. A prompt, comprehensive response to these cases is critical to recovering the children and prosecuting cases if a child fell victim to a crime. Our fundamental understanding and knowledge of investigating missing person cases and the... |
2021 |
|
| Kristen Carpenter, Alexey Tsykarev |
(Indigenous) Language as a Human Right |
24 UCLA Journal of International Law and Foreign Affairs 49 (Spring, 2020) |
The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages; Search Snippet: ...among these assimilation efforts was the creation of federally funded boarding schools that would teach Indian children the lessons of Christianity and civilization in order to Kill the Indian in him and save the man. [FN96] The model for accomplishing these goals was to assimilate Indians into the general population by taking them away from their parents and placing them in boarding schools where they would learn English. [FN97] As the |
2020 |
|
| Jordan Ramharter |
A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty |
72 Maine Law Review 379 (2020) |
I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...and responsibility to the Indian people for the education of Indian children and for the operation and financial support of the Bureau... |
2020 |
|
| Katie L. Gojevic |
Benefit or Burden?: Brackeen V. Zinke and the Constitutionality of the Indian Child Welfare Act |
68 Buffalo Law Review 247 (January, 2020) |
Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian traditions and, in general, their entire Indian way of life is smothered . [Agencies] strike at the heart of Indian communities by literally stealing Indian children. This course can only weaken rather than strengthen the Indian; Search Snippet: ...OR BURDEN?: BRACKEEN v. ZINKE AND THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT Katie L. Gojevic Copyright © 2020 by Buffalo Law Review; Katie L. Gojevic Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian... |
2020 |
Yes |
| Genevieve Frances Steel |
Constructing the Trident of the Reasonable Person: Enough Is Enough! It's Time for the Reasonable Indian Standard |
12 Elon Law Review 62 (2020) |
I. Introduction. 64 II. Background. 68 A. American Indian Statistics. 68 B. Historical Trauma. 71 1. American Indian Genocide. 73 2. Colonization and Boarding Schools. 75 C. Trauma Affects Cognition, Emotional Control, and Reasoning. 77 D. Acculturation and Its Effect on Native Health. 81 III. The Reasonable Indian Standard. 84 A. The Reasonable; Search Snippet: ...One of the prominent causes of Historical Trauma for American Indians occurred through boarding school trauma. [FN78] Studies reveal that abuse from boarding school traces back through generations of Indians and is manifested in addiction, cycles of incest, anger, rage, depression, and hopelessness found in American Indians today. [FN79] During the Assimilation period, [FN80] which is a period in Indian history under the umbrella of |
2020 |
|
| Sayer Rippey |
Incarcerated Parents and Child Welfare in Washington |
95 Washington Law Review 531 (March, 2020) |
Abstract: From 2006 to 2016, 32,000 incarcerated parents in the United States permanently lost their parental rights without ever being accused of child abuse. Of these, approximately 5,000 lost their parental rights solely because of their incarceration. This family separation crisis followed on the heels of the Adoption and Safe Families Act; Search Snippet: ...U.S. government's strategy for controlling indigenous communities and eradicating American Indian culture--beginning in the 1870s, indigenous children were taken from their families and communities to be placed in boarding schools where they were violently assimilated into white American culture... |
2020 |
Yes |
| Michalyn Steele |
Indigenous Resilience |
62 Arizona Law Review 305 (Summer, 2020) |
The story of federal Indian law is the story of Indian tribal survival in the face of perpetual challenges to their legal and cultural existence, both in law and policy. These assaults have come from every quarter: federal, state, and private actors, as well as from the judicial, legislative, and executive branches. Tribes have often lost key; Search Snippet: ...the Department of the Interior embraced a mission of prohibiting native people from sacred cultural and spiritual practices, compelled tribal people... |
2020 |
|
| Sarah Krakoff |
Not Yet America's Best Idea: Law, Inequality, and Grand Canyon National Park |
91 University of Colorado Law Review 559 (Spring, 2020) |
Absolutely American, absolutely democratic, they reflect us at our best rather than our worst .. The national park idea, the best idea we ever had. --Wallace Stegner [P]arks are not America's best idea .. The best idea language has the potential to alienate more people than it attracts .. If asked to choose between the Grand Canyon or a; Search Snippet: ...desire to impose assimilationist policies on the Hopi. Specifically, federal Indian agent J.H. Fleming wanted clear authority to force Hopi families to send their children to distant boarding schools. [FN265] Further, the Executive Order stated that the reservation... |
2020 |
|
| Juliana Moraes Liu |
Orphanages by Another Name |
30-FALL Kansas Journal of Law & Public Policy 83 (Fall, 2020) |
Orphanages were a dominant part of the American child welfare landscape in the late-nineteenth and early-twentieth centuries. By 1900, nearly 1,000 orphanages housed approximately 100,000 children in the United States. Orphanages have been widely criticized over the years for their institutionalized treatment of children and their lasting effects; Search Snippet: ...discover neglect or abandonment where none exists. [FN149] Until the Indian Child Welfare Act of 1978 created legal barriers to prevent children... |
2020 |
|
| Mariam Hashmi |
Recent Challenges to the Indian Child Welfare Act Suggest it Is Time for the United States Supreme Court to Act: Indian Survival Depends on it |
21 Rutgers Race & the Law Review 149 (2020) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to the removal of Indian children from their homes, and to protect the best interests of Indian tribes and families. The United States Supreme Court has been reluctant to hear challenges to the ICWA but with the increase in challenges in the lower courts, and a major setback; Search Snippet: ...Race & the Law Review 2020 Note RECENT CHALLENGES TO THE INDIAN CHILD WELFARE ACT SUGGEST IT IS TIME FOR THE UNITED STATES... |
2020 |
Yes |
| Charles Wilkinson |
The Belloni Decision: a Foundation for the Northwest Fisheries Cases, the National Tribal Sovereignty Movement, and an Understanding of the Rule of Law |
50 Environmental Law 331 (Spring, 2020) |
Judge Belloni's decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt's subsequent decision in United States v; Search Snippet: ...funded Christian religions to proselytize and convert Native people. Numerous Indian children were sent off to heavy-duty assimilation in federal boarding schools. Indian hunting and fishing was discouraged--they were forced... |
2020 |
|
| Matthew L.M. Fletcher |
The Law of Genocide and Indigenous Peoples |
77 National Lawyers Guild Review 38 (Spring, 2020) |
Book Review: Laurelyn Whitt and Alan W. Clarke, North American Genocides: Indigenous Nations, Settler Colonialism, and International Law (Cambridge U. Press, 2019). In the mid-20th century, state governments--enabled by the United States federal government--removed 25 to 35 percent of American Indian children from their families and placed them; Search Snippet: ...families. Roughly 80 percent of the time, this meant placing Indian children with complete strangers. The removals of Indian children were a continuation of forced removals of children by the... |
2020 |
|
| Sean Frazzette |
The Scope of Tribal Immunity in Real Property Disputes |
87 University of Chicago Law Review 1605 (September, 2020) |
Native American tribes are sovereign nations with some degree of sovereign immunity. The exact contours of that immunity are often in flux. While the Supreme Court has established the confines of tribal immunity in cases involving torts, taxation, and contracts, it has avoided determining the doctrine's application to cases involving real property; Search Snippet: ...various sections of Title 28. . See Maggie Blackhawk, Federal Indian Law as Paradigm Within Public Law , 132 Harv L Rev... |
2020 |
|
| Jonathan Todres , Daniela Villamizar Fink |
The Trauma of Trump's Family Separation and Child Detention Actions: a Children's Rights Perspective |
95 Washington Law Review 377 (March, 2020) |
Abstract: In April 2018, the Trump Administration publicly announced a new zero-tolerance policy for illegal entries at the U.S. border. This action kicked off a wave of family separations that made headlines and drew criticism from around the globe. Despite resounding condemnation of these actions, the Trump Administration defended its family; Search Snippet: ...well-known example is the U.S. government's treatment of American Indian children and their families. As a 1978 congressional report acknowledged, The wholesale separation of Indian children from their families is perhaps the most tragic and destructive... |
2020 |
|
| Onalee R. Chappeau |
Trusting the Tribe: Understanding the Tensions of the Indian Child Welfare Act |
64 Saint Louis University Law Journal 241 (Winter, 2020) |
. Remember your birth, how your mother struggled to give you form and breath. You are evidence of her life, and her mother's, and hers. Remember your father. He is your life, also . Remember you are all people and all people are you. Remember you are this universe and this universe is you. Remember all is in motion, is growing, is you. Remember; Search Snippet: ...2020 Note TRUSTING THE TRIBE: UNDERSTANDING THE TENSIONS OF THE INDIAN CHILD WELFARE ACT Onalee R. Chappeau [FNa1] Copyright © 2020 by Saint... |
2020 |
Yes |
| Aila Hoss |
A Framework for Tribal Public Health Law |
20 Nevada Law Journal 113 (Fall, 2019) |
C1-2Table of Contents Introduction. 113 I. Public Health Law. 115 II. Tribal public health law. 118 A. Tribal Sovereignty and Inherent Public Health Authority. 119 B. Federal Indian Law and Public Health. 120 1. Principles of Federal Indian Law. 121 2. Statutes and Regulations. 122 C. Tribal Law and Public Health. 126 1. Tribal Constitutions. 126; Search Snippet: ...for many Tribes. [FN73] With the spread of disease throughout Indian reservations and crowded boarding schools, Congress was pressured to increase health care appropriations for Indians. [FN74] In 1921, Congress passed the Snyder Act, which provided... |
2019 |
|
| Preston Sanchez, Esq. , Rebecca Blum Martinez, PhD. |
A Watershed Moment in the Education of American Indians: a Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools |
27 American University Journal of Gender, Social Policy and the Law 183 (2019) |
I. A Look at New Mexico: Politics, Demographics, Culture, and Student Outcomes. 185 A. Political Climate. 186 B. Demographics. 187 C. Unique Cultural and Linguistic Needs of New Mexico Students:. 189 D. Student Outcomes. 192 II. A Historical Overview of Systemic Discrimination and Forced Assimilation of American Indians. 195 A. The Current Impact; Search Snippet: ...Territorial period would include provisions for the education of American Indian children. [FN62] Furthermore, emanating from the Doctrine of Manifest Destiny came... |
2019 |
|
| Preston Sanchez, Esq. , Rebecca Blum Martinez, PhD. |
A Watershed Moment in the Education of American Indians: a Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools |
27 American University Journal of Gender, Social Policy and the Law 317 (2019) |
I. A Look at New Mexico: Politics, Demographics, Culture, and Student Outcomes. 319 A. Political Climate. 320 B. Demographics. 321 C. Unique Cultural and Linguistic Needs of New Mexico Students:. 323 D. Student Outcomes. 326 II. A Historical Overview of Systemic Discrimination and Forced Assimilation of American Indians. 329 A. The Current Impact; Search Snippet: ...Territorial period would include provisions for the education of American Indian children. [FN62] Furthermore, emanating from the Doctrine of Manifest Destiny came... |
2019 |
|
| Bette Jacobs, Mehgan Gallagher, Nicole Heydt |
Aging in Harmony: Creating Culturally Appropriate Systems of Health Care for Aging American Indian/alaska Natives |
22 Journal of Gender, Race and Justice Just. 1 (Spring, 2019) |
Aging is inevitable--it happens to all of us--but it is not a homogeneous experience. Aging people are among the most vulnerable populations in the world, and thus deserve our care and compassion. This is particularly true of aging American Indian and Alaska Natives (AI/ANs), who face unique barriers to accessing health care due to geographic; Search Snippet: ...to Natives. [FN43] Such policies also led to Bureau of Indian Affairs (BIA) boarding schools which removed children from their families to teach them... |
2019 |
|
| Hannah Stambaugh |
America's Quiet Legacy of Native American Voter Disenfranchisement: Prospects for Change in North Dakota after Brakebill V. Jaeger |
69 American University Law Review 295 (October, 2019) |
In 2013, North Dakota passed one of the country's most restrictive voter ID laws. This law requires voters to present a photo ID containing a residential street address to vote and does not contain any fail-safe mechanisms to allow voting without a qualifying ID. The North Dakota law was part of a wave of new, restrictive voter ID laws passed; Search Snippet: ...For example, from 1860 through the passage of the 1978 Indian Child Welfare Act, the federal government commonly forced Native American youth to attend federally-operated Indian boarding schools. [FN48] These schools existed to assimilate Native American youth... |
2019 |
|
| Lisa L. Atkinson |
Best Interest of the Child |
58 Judges' Journal J. 6 (Winter, 2019) |
A great general has said that the only good Indian is a dead one, and that high sanction of his destruction has been an enormous factor in promoting Indian massacres. In a sense, I agree with the sentiment, hut only in this: that all the Indian there is in the race should be dead. Kill the Indian in him, and save the man. --Carlisle Indian School; Search Snippet: ...and that we have a direct interest in protecting our Indian children who are members of, eligible for membership, or descendants of... |
2019 |
|
| Lara Roetzel , Tifanie Petro , Erica Ramstad |
Beyond the Cages: Sex Trafficking in South Dakota |
64 South Dakota Law Review 346 (2019) |
In each state and country, sex trafficking looks different. In South Dakota, a state of approximately 885,000 people, sex trafficking looks especially unique because the population is dispersed across small, rural communities. The state is also home to nine Native American reservations and five of the poorest counties in the nation, where; Search Snippet: ...to sex trafficking. [FN81] The trafficking and sexual abuse of Native Americans in South Dakota can be traced back to Indian boarding schools scattered throughout the state in the 1900s after children... |
2019 |
|
| Mollie Thompson |
Children at the Border: Existing Tools for Effective Advocacy |
82 Law and Contemporary Problems 217 (2019) |
As a way of dealing with extensive immigration into the United States via the southern border, the United States Department of Customs & Border Patrol (CBP) detains entire families or unaccompanied minors and places them, together or separately, in either government-run or for-profit detention centers. These centers often have the look and feel of; Search Snippet: ...and families. First, this Part discusses the forced removal of Native American children from their families and reservations for placement in westernized boarding schools. Second, this Part broadly depicts juvenile detentions as a... |
2019 |
|