Joanna Woolman , Sarah Deer Protecting Native Mothers and Their Children: a Feminist Lawyering Approach 40 William Mitchell Law Review 943 (2014) I. Introduction. 944 II. Background: Native American Experiences with Child Protective Services. 947 A. Precolonial Native Motherhood. 947 B. Colonization and Native Mothers. 950 1. Missionary Belief Systems About the Cultural Inferiority of Native Women's Mothering Skills. 950 2. Native Mothers and the Early American Child Protection System. 951; Search Snippet: ...while indigenous motherhood was pathological. [FN34] Throughout the United States, Native children were removed from tribal nations by force, fraud, or deceit to be sent to government and church-run boarding schools. [FN35] Some children were shipped thousands of miles from... 2014
Kristina M. Campbell Rising Arizona: the Legacy of the Jim Crow Southwest on Immigration Law and Policy after 100 Years of Statehood 24 Berkeley La Raza Law Journal L.J. 1 (2014) United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its papers please law, SB 1070, the American; Search Snippet: ...inequality in Arizona education occurred in the case of American Indians, who were taken from their families of origin and enrolled in the Phoenix Indian Industrial Boarding School with the goal of assimilating them to White culture. [FN179] 2. The Phoenix Indian Industrial Boarding School (The Phoenix Indian School) Like many States, Arizona has a long and shameful... 2014
Natsu Taylor Saito Tales of Color and Colonialism: Racial Realism and Settler Colonial Theory 10 Florida A & M University Law Review 1 (Fall 2014) Introduction. 3 I. Dreams Deferred. 9 A. Liberatory Visions. 9 B. Persistent Disparities. 13 C. Retrenchment and Repression. 16 D. Racial Realism and Colonial Relations. 20 II. Colonial relations. 22 A. Colonialism: An Overview. 23 B. Settler Colonization. 25 C. Triangulation. 28 III. Recasting the Narrative. 30 A. Settler Origin Stories. 31 B. The; Search Snippet: ...FN185] and the forced relocation of about half of all Native children, for some five generations, to boarding schools whose stated mission was to kill the Indian, save the man in each student. [FN186] The unconstrained power... 2014
Jane Burke The "Baby Veronica" Case: Current Implementation Problems of the Indian Child Welfare Act 60 Wayne Law Review 307 (Spring, 2014) Save Veronica has become a common phrase in the American South over the past year. It appears on the signs of local businesses, is stamped on light purple bracelets, and is the rallying cry for fundraisers, candlelight vigils, and cupcake sales on holidays. It is the topic of many newspaper articles and television news broadcasts and was recently; Search Snippet: ...Note THE BABY VERONICA CASE: CURRENT IMPLEMENTATION PROBLEMS OF THE INDIAN CHILD WELFARE ACT Jane Burke Copyright © 2014 by Wayne State University... 2014
Wenona T. Singel The First Federalists 62 Drake Law Review 775 (Spring 2014) One aspect of federalism's values that scholars and the courts have largely ignored is their relevance to tribal governance. As sovereigns within the United States that govern with a measure of de jure autonomy, Indian tribes are important agents of self-rule within the United States' federal system. The tribal exercise of sovereignty, while not; Search Snippet: ...of child guardianship proceedings, and murder. [FN157] The dispossession of Indian lands also occurred simultaneously with the wholesale removal of Indian children from their families; during the latter quarter of the 19th century, federal appropriations for Indian boarding schools grew dramatically year after year, [FN158] as Captain Richard Pratt implemented a program to kill the Indian . . . to save the man. [FN159] The legal incorporation of 2014
Anita Ortiz Maddali The Immigrant "Other": Racialized Identity and the Devaluation of Immigrant Family Relations 89 Indiana Law Journal 643 (Spring, 2014) This Article explores how current terminations of undocumented immigrants' parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the; Search Snippet: ...sprang. [FN49] Similarly, in the 1800s-at a time when Native Americans were still denied American citizenship-Christian missionaries, and later the federal government, forcibly removed Native American children from their homes and placed them in boarding schools. [FN50] [T]he aim was the assimilation of Indian children into Anglo-American society. [FN51] According to Tsianina Lomawaima, a professor specializing in American Indian Studies, 2014
Shawn L. Murphy The Supreme Court's Revitalization of the Dying "Existing Indian Family" Exception 46 McGeorge Law Review 629 (2014) C1-2Table of Contents I. Introduction. 630 II. Background: What is the Indian Child Welfare Act and the Existing Indian Family Exception?. 631 A. History of ICWA. 631 B. To Whom and When Does ICWA Apply?. 632 C. What Does ICWA Provide?. 633 1. ICWA as a Jurisdictional Statute. 633 2. ICWA Provides Special Protections for Indian Parents and; Search Snippet: ...of Contents I. Introduction 630 II. Background: What is the Indian Child Welfare Act and the Existing Indian Family Exception 631 A... 2014
Julie Sobotta Kane Why Applying the Indian Child Welfare Act Is Worth the Hassle 57-OCT Advocate 28 (October, 2014) After practicing for many years in the area of Indian Law, I often heard complaints about the application of the Indian Child Welfare Act (ICWA) in child protection cases. The Act requires state courts to notify Indian Tribes when members of their tribes are subjects of a proceeding. It also requires higher standards of proof when placing children; Search Snippet: ...5285413 ADVOCATE Advocate October, 2014 Section Article WHY APPLYING THE INDIAN CHILD WELFARE ACT IS WORTH THE HASSLE Julie Sobotta Kane [FNa1... 2014
Danielle J. Larson You're Breaking Up: the Faulty Connection Between Congressional Intent and Supreme Court Interpretation in Adoptive Couple V. Baby Girl, 133 S. Ct. 2552 (2013) 93 Nebraska Law Review 517 (2014) I. Introduction. 518 II. Background. 519 A. Legislative History of ICWA. 519 1. Indian Child Removal Pre-ICWA. 519 2. Factors Driving Removal Rates. 520 a. Physical Abuse. 520 b. Ethnocentrism. 520 c. Institutional Structure. 523 B. Overview of ICWA. 524 C. Existing Indian Family Exception. 525 D. Mississippi Band of Choctaw Indians v. Holyfield; Search Snippet: ...II. Background 519 A. Legislative History of ICWA 519 1. Indian Child Removal Pre-ICWA 519 2. Factors Driving Removal Rates 520... 2014
Kelsey Vujnich A Brief Overview of the Indian Child Welfare Act, State Court Responses, and Actions Taken in the past Decade to Improve Implementation Outcomes 26 Journal of the American Academy of Matrimonial Lawyers 183 (2013) Since the Indian Child Welfare Act (hereafter ICWA) was adopted in 1978 by the U.S. Congress, various courts have struggled with its application, at times coming to different conclusions regarding various terms in the statute and producing different outcomes by state. Differences among state court decisions range from philosophical differences as; Search Snippet: ...of Matrimonial Lawyers 2013 Comment A BRIEF OVERVIEW OF THE INDIAN CHILD WELFARE ACT, STATE COURT RESPONSES, AND ACTIONS TAKEN IN THE... 2013
Carole Goldberg A Native Vision of Justice 111 Michigan Law Review 835 (April, 2013) The Surrounded. By D'Arcy McNickle. New York: Dodd Mead. 1936. (University of New Mexico Press 1978 ed.). Pp. 297. $23.95. That's the way it goes now; the old law is not used and nobody cares about the new. Old Modeste The Surrounded (p. 207) He could tell himself, as he stood there, not only listening but seeing, that of all joys, there was none; Search Snippet: the local Catholic mission school and in a federal Indian boarding school. For different reasons, neither parent wanted him to pursue... 2013
Sonia M. Gipson Rankin Black Kinship Circles in the 21 Century: Survey of Recent Child Welfare Reforms and How it Impacts Black Kinship Care Families 12 Whittier Journal of Child and Family Advocacy 1 (Spring, 2013) The Black American community has been celebrated for the historical success of kinship care. Children not living with biological parents are enveloped by relatives, friends, and community members in order to create a resilient people often reared in the harshest of American socio-economic conditions. Our federal government, states, and communities; Search Snippet: ...plays in the development of a child would be the Indian Child Welfare Act of 1978 ( 25 U.S.C. §§ 1901 1963 (1978... 2013
Craig J. Dorsay , Partner, Dorsay & Easton LLP Blood Quantum Issues and Other Challenges for Tribal Attorneys and Their Clients 2013 Aspatore 5293044 (October, 2013) The Indian Self-Determination Education Assistance Act of 1975 (ISDEAA) essentially crystallized a requirement that tribes have formal membership regulations to receive federal benefits/services. Before that time, the provision of federal services was not dependent upon tribes being federally recognized. For example, the members of one of the; Search Snippet: ...Advisory Council, in Washington, under state rules, and the Local Indian Child Welfare Advisory Committee (LICWAC). Also, the Indian Child Welfare Act of 1978 has a couple of provisions that... 2013
Amy Gilbert Community-based Child Care in Ethiopia Vs. The Individual Centered Model in the United States: a Closer Examination of Family Group Decision Making in Child Placement 33 Children's Legal Rights Journal 348 (Fall, 2013) The Federal Democratic Republic of Ethiopia is the oldest independent country in Africa, rich with history and cultural tradition. Although Ethiopia is the second most populous nation and one of the fastest growing non-oil economies on the African continent, it still remains one of the poorest and most primitive countries in the world. Throughout; Search Snippet: ...result of this practice, the U.S. government eventually passed the Indian Child Welfare Act of 1978 (ICWA), [FN131] recognizing a predominately tribal... 2013
  Conference Transcript: Heeding Frickey's Call: Doing Justice in Indian Country 37 American Indian Law Review 347 (2012-2013) HEEDING PHIL FRICKEY'S CALL: THE ISSUES IN INDIAN COUNTRY. 348 Matthew L.M. Fletcher, Professor of Law and Director of the Indigenous Law & Policy Center, Michigan State University College of Law. 348 Joseph Heath, Attorney at Law, Onondaga Nation General Counsel. 351 Pat Sekaquaptewa, Executive Director, Nakwatsvewat Institute. 358 ENVIRONMENTAL; Search Snippet: ...a history of federal policies such as mandatory placement of Indian children in boarding schools and the Indian Adoption Project. [FN67] These federal policies that weaken family structures... 2013
Karen Gray Young Do We Have it Right this Time? An Analysis of the Accomplishments and Shortcomings of Washington's Indian Child Welfare Act 11 Seattle Journal for Social Justice 1229 (Spring, 2013) Jessie Scheibner's eyes cloud with tears and her voice trembles as she talks about the day, almost 70 years ago, when a stranger's car pulled up to her parents' home on the Port Gamble S'Klallam Reservation and took her and her two sisters away. The memories of that car ride when she was three and the years spent in one foster home after another; Search Snippet: ...TIME? AN ANALYSIS OF THE ACCOMPLISHMENTS AND SHORTCOMINGS OF WASHINGTON'S INDIAN CHILD WELFARE ACT Karen Gray Young [FNa1] Copyright © 2013 by Seattle... 2013
Ziwei Hu Equity's New Frontier: Receiverships in Indian Country 101 California Law Review 1387 (October, 2013) Southern California's Coachella Valley is one of the poorest regions in the country. Its location in Riverside County--which is within close proximity to some of the nation's wealthiest citizens and also the U.S.-Mexico border--along with the county's dependence on the agriculture industry has contributed to a significant demand for low-wage farm; Search Snippet: was passed requiring him to conform to white institutions. Indian children were kidnapped and forced into boarding schools thousands of miles from their homes to learn the... 2013
David D. Meyer Family Law Equality at a Crossroads 2013 Michigan State Law Review 1231 (2013) C1-2Table of Contents Introduction. 1231 I. Where We've Come: An Equality Revolution. 1233 A. Gender. 1233 B. Race. 1235 C. Nonmarital Families. 1235 D. Autonomy Rights Protected Through Equality. 1236 II. The Road Ahead: The Hard Work of Calibrating Equality. 1241 A. Fewer Rigid Classifications. 1244 B. Recognition of More Conflicting (and Thus; Search Snippet: ...Veronica Case, challenging the disruption of an adoption under the Indian Child Welfare Act. [FN59] If the past fifty years have been... 2013
Vinita B. Andrapalliyal History Repeats Itself: Parallels Between Current-day Threats to Immigrant Parental Rights and Native American Parental Rights in the Twentieth Century 8 University of Massachusetts Law Review 562 (Spring, 2013) Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants' limited access to the U.S. legal system are; Search Snippet: ...century. It suggests that a federal statute modeled on the Indian Child Welfare Act may be able to comprehensively address the issues... 2013
Ryan D. Dreveskracht House Republicans Add Insult to Native Women's Injury 3 University of Miami Race & Social Justice Law Review Rev. 1 (2013) Introduction. 1 Background and Context. 2 What's the Big Deal? It Isn't That Bad.. 12 Constitutionality and Supreme Court Review. 21 Conclusion. 27; Search Snippet: ...à-vis Indian women). . Patrice H. Kunesh, Transcending Frontiers: Indian Child Welfare in the United States , 16 B.C. Third World L.J. 17, 22 (1996) Under this policy, Indian children were taken from their families on the reservations and sent, often across the country, to attend boarding schools. Id. It was the goal of the federal government to place Indian children in a totally foreign and controlled environment where they would... 2013
Frank Pommersheim Land into Trust: an Inquiry into Law, Policy, and History 49 Idaho Law Review 519 (2013) C1-2TABLE OF CONTENTS I. INTRODUCTION. 519 II. ALLOTMENT AND THE BACKGROUND OF SECTION 5 OF THE INDIAN REORGANIZATION ACT. 521 III. THE ADMINISTRATIVE PROCESS OF PUTTING LAND INTO TRUST. 527 A. Application, Notification, and Final Decision. 527 B. Administrative Appeal and Judicial Review. 528 IV. LEGAL CHALLENGES: THE EXAMPLE OF SOUTH DAKOTA. 529; Search Snippet: ...wreaked havoc with their religious and educational programs, particularly the boarding school program, which took Indian children away from their families for substantial periods of time and... 2013
Stacy Byrd Learning from the Past: Why Termination of a Non-citizen Parent's Rights Should Not Be Based on the Child's Best Interest 68 University of Miami Law Review 323 (Fall 2013) I. Introduction. 323 II. Interests Involved. 327 A. The Parent's Constitutional Right. 328 B. The State's Duty to Protect Children. 329 C. The Child's Two-Fold Interest. 332 1. The Child's Constitutional Interest in Preserving Familial Relationships. 332 2. The Child's Statutory Right to Permanency. 333 III. Striking a Balance. 334 A. Defining the; Search Snippet: ...Americans 342 1. Early Efforts at Assimilation 343 2. The Indian Child Welfare Act of 1978 345 V. So There's a Problem... 2013
Jana M. Berger , Paula M. Fisher , Partner, Foley & Mansfield PLLP, Owner, Paula M. Fisher, Attorney at Law PC Navigating Tribal Membership Enrollment Issues 2013 Aspatore 2136514 (April, 2013) Membership issues, meaning the exclusion of individuals from, or the enrollment or disenrollment of individuals with, a Native American tribe, significantly impact tribal nations. Since the inception of the United States, Native Americans were subjected to the whims and fancies of state and federal political agendas, left to wither away as a; Search Snippet: ...a culture--as a people. Years of forced assimilation and boarding school atrocities, where Native American children were disbanded from their families, stuffed into socially... 2013
Caitlain Devereaux Lewis Policies of Inequity - a World Apart: a Comparison of the Policies Toward Indigenous Peoples of a Post-colonial Developing Nation to Those of a Post-industrial Developed Nation 37 American Indian Law Review 423 (2012-2013) A people once numerous, powerful, and truly independent, found by our ancestors in the quiet and uncontrolled possession of an ample domain, gradually sinking beneath our superior policy, our arts and our arms, have yielded their lands . . ., until they retain no more of their formerly extensive territory than is deemed necessary to their; Search Snippet: ...Indonesian educational system are quite comparable to those of the Indian boarding schools established during the Allotment and Assimilation Periods of Federal Indian law to inculcate [ Indian children] with American culture, language, and religion. [FN108] In Indonesia, [c]ultural... 2013
Kirsten Matoy Carlson Priceless Property 29 Georgia State University Law Review 685 (Spring, 2013) In 2011, the poorest American Indians in the United States refused to accept over one billion dollars from the United States government. They reiterated their long-held belief that money--even $1.3 billion--could not compensate them for the taking of their beloved Black Hills. A closer look at the formation of the Sioux claim to the Black Hills; Search Snippet: ...Sioux children, Zitkala-Sa left the reservation to attend a boarding school where Indian children were forced to abandon their native languages and cultures and expected to assimilate. [FN160] She experienced... 2013
Tanya Asim Cooper Racial Bias in American Foster Care: the National Debate 97 Marquette Law Review 215 (Winter, 2013) In disproportionately high numbers, Native American and African American children find themselves in the American foster care system. Empirical data establish that these children are removed from their families at greater rates than other races and stay in foster care longer, where they are often abused, neglected, and then severed from their; Search Snippet: ...these families remains a terrible blight. [FN102] Heralded as the Boarding School era that lasted over 100 years, [FN103] many Native American children were involuntarily rounded up, removed from their families, and sent hundreds of miles away to boarding schools. [FN104] As part of the federal government's assimilation policy... 2013
Ryan Seelau Regaining Control over the Children: Reversing the Legacy of Assimilative Policies in Education, Child Welfare, and Juvenile Justice That Targeted Native American Youth 37 American Indian Law Review 63 (2012-2013) It is conservatively estimated that in 1491 there were at least forty million people living in the Americas. By the time the United States was founded in 1776, that number had decreased so substantially that federal Indian policy during President Washington's tenure was to let non-Indian population growth force the savage as the wolf, to retire; Search Snippet: ...a world far worse than that of the typical non- Indian child. [FN12] There are more than one million Native youth in... 2013
W. Burlette Carter The "Federal Law of Marriage": Deference, Deviation, and Doma 21 American University Journal of Gender, Social Policy and the Law 705 (2013) I. Introduction. 707 II. American Notions of Local Matters. 714 A. Origins. 714 1. The Colonial Experience. 714 2. The Notion That the People Rule. 716 3. Conflict of Laws Theory. 717 B. The Local Powers of U.S. Territories. 720 III. Instances of Federal Deviation from Local Marriage Law. 721 A. Deviation to Recognize Marriages That a State or; Search Snippet: ...the context involved the inheritance of or legitimacy of an Indian child. [FN264] The federal treatment of Indian marriage (and even the... 2013
Melina Angelos Healey The School-to-prison Pipeline Tragedy on Montana's American Indian Reservations 37 New York University Review of Law and Social Change 671 (2013) I. Introduction. 673 II. Foundations of the Pipeline. 674 A. The Nationwide School-to-Prison Pipeline. 674 B. Tribes and Reservations Examined in this Article. 677 III. Background and Approach. 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 679 B. The Utility of a Critical Race Approach to Understanding the; Search Snippet: ...III. Background and Approach 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation 679 B. The Utility of a... 2013
David Ray Papke Transracial Adoption in the United States: the Reflection and Reinforcement of Racial Hierarchy 15 Journal of Law and Family Studies 57 (2013) Transracial adoption strikes most as an appealing undertaking. People who have adopted a child of another race or been adopted by parents of another race are usually delighted by the results and consider themselves truly fortunate. People who have participated in a transracial adoption might even assert that their families have transcended race and; Search Snippet: ...history in the United States. The institution of white-run boarding schools for Native American children dates back to the 1800s. In the late 1800s, the Federal Bureau of Indian Affairs developed a whole network of boarding schools, in which the children were supposed to develop an... 2013
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