AuthorTitleCitationSummaryYearKey Term
Matthew L.M. Fletcher, Wenona T. Singel Indian Children and the Federal-tribal Trust Relationship 95 Nebraska Law Review 885 (2017) C1-2TABLE OF CONTENTS I. Introduction. 886 II. Indian Children and the Founding Generation. 892 A. The Treaty and International Law Basis of the Federal-Tribal Trust Relationship. 893 B. Federal Military and Diplomatic Actions. 895 1. Colonial Era. 896 2. Revolutionary War. 899 3. Post-Revolutionary War Era. 901 4. The Northwest Indian War. 903 5; Search Snippet: ...WL 3327921 NEBRASKA LAW REVIEW Nebraska Law Review 2017 Article INDIAN CHILDREN AND THE FEDERAL-TRIBAL TRUST RELATIONSHIP Matthew L.M. Fletcher Wenona... 2017  
Carol Juneau , Denise Juneau Indian Education for All: Montana's Constitution at Work in Our Schools 72 Montana Law Review 111 (Winter 2011) Montana is a leader in education in many respects. The Montana Constitution requires a quality education for all Montana citizens and guarantees educational opportunity for all students regardless of their geographical location, economic status, or heritage. However, Montana is particularly notable across the country for having a constitutional; Search Snippet: ...that effort failed, the federal government set up off-reservation boarding schools to civilize Indian children by taking away all remnants of their culture through removal... 2011  
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  
Alan R. Velie Indian Identity in the Nineties 23 Oklahoma City University Law Review 189 (Spring-Summer 1998) In this Article, the author addresses how Indians in America identify themselves and how that identification differs from non-Indians' conceptions. For many Indians today, Indianness is a matter of history and of participating in traditional cultural activities, rather than merely being enrolled in a tribe or being a certain blood quantum; Search Snippet: ...ironic that when the U.S. government tried to stamp out Indian languages by shipping Indian children to boarding schools and forbidding them to speak them, the children defied... 1998  
Louis Fisher Indian Religious Freedom: to Litigate or Legislate? 26 American Indian Law Review Rev. 1 (2001-2002) For most of U.S. history, little was done at the national or state level to protect the religious practices of Indians. Initially they were to be civilized, assimilated, and acculturated into American society. Later stages led to exclusion of most Indians from the east coast, the creation of additional reservations, and termination of federal; Search Snippet: ...missionaries and religious societies brought in to establish schools for Indian children. [FN14] President John Quincy Adams told Congress in 1828 that... 2002  
David H. Getches Indian Reserved Water Rights: the Winters Doctrine in its Social and Legal Context, 1880s-1930s. By John Shurts. Norman: University of Oklahoma Press. 2000. Pp. Xv, 333. $39.95. 99 Michigan Law Review 1473 (May, 2001) A single, century-old court decision affects the water rights of nearly everyone in the West. The Supreme Court's two-page opinion in Winters v. United States sent out shock waves that reverberate today. By formulating the doctrine of reserved water rights, the Court put Indian tribes first in line for water in an arid region. Priority is; Search Snippet: ...thought, depended on destruction of Indian culture and reservations. And Indian children were to be civilized by removing them from their families and putting them in boarding schools, where they were forced to give up their dress... 2001  
Daniel M. Rosenfelt Indian Schools and Community Control 25 Stanford Law Review 489 (April, 1973) C1-3Contents I. Indian Education Policy Reviewed. 492 A. Federal School System. 493 B. Federal Assistance to State Schools. 496 1. The Johnson-O'Malley Act. 496 2. Impact aid. 497 3. Termination. 500 C. Legal Obligation to Provide Educational Services. 502 1. Federal obligation. 502 2. State obligation. 505 D. Need for Increased Indian Control. 506; Search Snippet: ...percent attend religious or other schools. [FN4] The education of Indian children receives substantial federal financial support. In fiscal year 1972 the... 1973  
Matthew L.M. Fletcher Indian Tribal Businesses and the Off-reservation Market 12 Lewis & Clark Law Review 1047 (Winter 2008) American Indian tribes once operated regional trade centers, with broad geographical impact. With the arrival of European traders and settlers, this system began to erode, and later, the treaty and reservation system effectively eliminated the regional Indian economic market. Under the policies of measured separatism and assimilation, American; Search Snippet: on Indian treaties dried. [FN8] Various means of assimilating Indian people--allotment, boarding schools, law-and-order codes, urban relocation, termination, forced-fee... 2008  
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  
Angela R. Riley Indians and Guns 100 Georgetown Law Journal 1675 (June, 2012) C1-3Table of Contents L1-2Introduction . L31676 I. Indians and Guns from Contact to Citizenship. 1681 a. indians and guns in the colonial period. 1685 b. indian nations, the constitution, and ratification of the second amendment. 1693 c. the indian as (reservation) citizen. 1701 II. The Indian Civil Rights Act and the Disappearing Second Amendment; Search Snippet: assert their treaty rights. [FN239] The massive removal of Indian children into Indian boarding schools that had begun in earnest in the 1800s to kill the Indian, save the man continued, with the number of enrollees peaking... 2012  
William Wood Indians, Tribes, and (Federal) Jurisdiction 65 University of Kansas Law Review 415 (December, 2016) Land, and controlling what happens on it and the revenues from it, has always been the focal point of relations between Indigenous peoples and non-Natives in North America. Today, as many Indian tribes rebuild their land bases after centuries of dispossession, with the result that state and local governments generally lose jurisdiction over the; Search Snippet: these tribes, although some of their children attended federal boarding schools for Indians. [FN78] As the Supreme Court noted in Carcieri , the Narragansett... 2016  
Lynn A. Kerbeshian Indians--domicile: Federal Definitions of Domicile Determines Jurisdiction under Indian Child Welfare Act 66 North Dakota Law Review 553 (1990) In December 1985, twin illegitimate children were born to enrolled members of the Mississippi Band of Choctaw Indians residing on the Choctaw Reservation. The twin babies were born approximately 200 miles from the reservation. In January 1986, the parents executed adoption consent forms in the state chancery court. Following adoption by a non-; Search Snippet: ...Comment INDIANS--DOMICILE: FEDERAL DEFINITIONS OF DOMICILE DETERMINES JURISDICTION UNDER INDIAN CHILD WELFARE ACT Lynn A. Kerbeshian Copyright 1990 by the North... 1990 Child Welfare
Keiteyana I. Parks INDIGENOUS BOARDING SCHOOLS IN THE UNITED STATES AND CANADA: POTENTIAL ISSUES AND OPPORTUNITIES FOR REDRESS AS THE UNITED STATES GOVERNMENT INITIATES FORMAL INVESTIGATION 47 American Indian Law Review 37 (2022-2023) [T]he first step to justice is acknowledging these painful truths and gaining a full understanding of their impacts so that we can unravel the threads of trauma and injustice that linger. The development of the United States as a country is entwined with a legacy of painful efforts to eradicate the cultures and the presence of individuals deemed... 2023 Boarding School
Mia Montoya Hammersley , Adriana M. Orman , Wouter Zwart INDIGENOUS ERASURE IN PUBLIC SCHOOLS 58-AUG Arizona Attorney 22 (July/August, 2022) Every year, millions of Indigenous students walk through our Nation's public schoolhouse gates to receive an education. Historically, however, public schools have served as a tool for the Americanization of the Indian or, put more bluntly, to Kill the Indian, Save the Man. The legacy of erasing Indigenous identity reverberates to this day.... 2022  
Allison M. Dussias Indigenous Languages under Siege: the Native American Experience 3 Intercultural Human Rights Law Review Rev. 5 (2008) It's soul-satisfying to be able to read and speak your own language. -- Richard Littlebear, Northern Cheyenne [L]anguage is so important, because it is one thing that we can keep alive, that can never change. If we're able to keep our language going, we'll be able to pass on knowledge, from generation to generation. Without it, we're going to lose; Search Snippet: ...Native American children. The government ran its own schools for Native American children, including both on-reservation schools and off-reservation boarding schools. The government also provided funding for so-called contract... 2008  
Rebecca Tsosie Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights 87 Washington Law Review 1133 (December, 2012) Abstract: This Article explores the use of science as a tool of public policy and examines how science policy impacts indigenous peoples in the areas of environmental protection, public health, and repatriation. Professor Tsosie draws on Miranda Fricker's account of epistemic injustice to show how indigenous peoples have been harmed by the; Search Snippet: ...until 1924. [FN226] This meant that the federal policies banning Native religion or forcibly removing Indian children to federal military-style boarding schools were permissible as secular policies of civilization applied to... 2012  
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  
William J. Fife III , Beylul Solomon INDIGENOUS RIGHTS: A PATHWAY TO END AMERICAN SECOND-CLASS CITIZENSHIP 32 Southern California Review of Law & Social Justice 59 (Winter, 2023) Nearly 4 million American residents in U.S. territories are second-class citizens, lacking individual and collective voting rights and burdened with other gross socioeconomic and healthcare disparities. These disparities affect many honorable veterans that suffer from physical and mental injuries due to fighting for rights they themselves do not... 2023  
Addie C. Rolnick INDIGENOUS SUBJECTS 131 Yale Law Journal 2652 (June, 2022) This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... 2022  
Rebecca Tsosie Indigenous Women and International Human Rights Law: the Challenges of Colonialism, Cultural Survival, and Self-determination 15 UCLA Journal of International Law and Foreign Affairs 187 (Spring 2010) As indigenous peoples move toward full realization of their right to self-determination, as affirmed by the text of the United Nations Declaration on the Rights of Indigenous Peoples, some have queried whether this will promote the ability of indigenous groups to violate the rights of vulnerable members, particularly women. International human; Search Snippet: ...civilization agenda. [FN43] Federal policymakers authorized the forcible removal of Native American children from their homes and families and their placement in residential boarding schools, where their tribal identity (including religion, social practices, and... 2010  
Carole E. Goldberg Individual Rights and Tribal Revitalization 35 Arizona State Law Journal 889 (Fall, 2003) Most contemporary scholars concerned with what may be called tribal revitalization--the strengthening of political and cultural sovereignty for Native nations--treat individual rights as an impediment to achieving that objective, not a positive tool. For example, Professor Robert Porter has written that introduction of individual rights into tribal; Search Snippet: ...conflicts between competing individual rights. As an example, she cites Indian child welfare cases when individual children's rights are put up against... 2003  
Eric K. Yamamoto INTERNATIONAL REPARATIONS: WHAT JUSTICE AMENDS CAN AND SHOULD THERE BE? 52 Southwestern Law Review 141 (2023) In Professor Martha Minow's Preface to the Southwestern Law Review symposium on Healing the Persisting Wounds of Historic Injustice, she poses pressing questions for civil societies struggling with historical injustices. Speaking of the Jeju 4.3 Tragedy and many others, Professor Minow, a renowned restorative justice scholar, asks: When the... 2023  
Kristen A. Carpenter Interpreting Indian Country in State of Alaska V. Native Village of Venetie 35 Tulsa Law Journal 73 (Fall, 1999) I think that the [Alaska Native Claims Settlement Act] will never fully to the extent advocate and stand individually for the real Native part of us. I think that ANCSA is not totally Native. It is written in the Western-adopted ways, and that it has that business nature where the land is collateral, just like a car or anything. Anyone, in one way; Search Snippet: ...Determination Act (1974), [FN373] Indian Financing Act (1974), [FN374] the Indian Child Welfare Act (1978), [FN375] the Indian Tribal Justice Act (1993... 1999  
Robin Valenzuela, Indiana University Bloomington INTERSTITIAL PRECARITY: THE ROMANCE AND TRAGEDY OF THE TRANSNATIONAL CHILD WELFARE SYSTEM 45 PoLAR: Political and Legal Anthropology Review 94 (May, 2022) This article examines a memorandum of understanding (MOU) between Chicago's Mexican Consulate and the Illinois Department of Child and Family Services (DCFS), which obliges DCFS to provide prompt consular notification after assuming protective custody of a Mexican or Mexican American minor. Developed in 2001, this bilateral agreement also enables... 2022 Child Welfare
Solangel Maldonado , Lisa F. Grumet INTRODUCTION: FAMILY LAW AND THE SUPREME COURT, 2022-23 56 Family Law Quarterly ix (2022-2023) In these past two years, the Supreme Court has considered several significant cases impacting family law policy and practice in the United States. The authors in this issue discuss 2022 cases concerning abortion (Dobbs v. Jackson Women's Health Organization ) and international child custody disputes involving domestic violence (Golan v. Saada ),... 2023  
Genesis M. Agosto INVOLUNTARY STERILIZATION OF NATIVE AMERICAN WOMEN IN THE UNITED STATES: A LEGAL APPROACH 100 Nebraska Law Review 995 (2022) C1-2TABLE OF CONTENTS I. Introduction. 995 II. Why Native Sterilization Matters. 997 A. Significance. 997 B. Contribution to Scholarship. 1001 III. Legal Context of Native Sterilization. 1002 A. Origins of Eugenic Laws in the United States. 1002 B. Infamous Eugenic Cases. 1003 C. Passage of Laws that Allowed Native Sterilizations. 1007 IV. The... 2022  
Courtney Hodge Is the Indian Child Welfare Act Losing Steam?: Narrowing Non-custodial Parental Rights after Adoptive Couple V. Baby Girl 7 Columbia Journal of Race and Law 191 (2016) In 2013, the United States Supreme Court handed down a decision in Adoptive Couple v. Baby Girl, a decision that will have long-term effects on the use of the Indian Child Welfare Act by non-custodial Native parents. Congress passed the Indian Child Welfare Act in 1978 in response to the high volume of Native children that had been removed from; Search Snippet: ...Columbia Journal of Race and Law 2016 Note IS THE INDIAN CHILD WELFARE ACT LOSING STEAM?: NARROWING NON-CUSTODIAL PARENTAL RIGHTS AFTER... 2016 Child Welfare
Robert N. Clinton Isolated in Their Own Country: a Defense of Federal Protection of Indian Autonomy and Self-government 33 Stanford Law Review 979 (July, 1981) With their resources and acquired knowledge, the Europeans soon appropriated to themselves most of the advantages which the natives might have derived from the possession of the soil . and the Indians have been ruined by a competition which they had not the means of sustaining. They were isolated in their own country, and their race only; Search Snippet: ...model for affording such intergovernmental cooperation already exists in the Indian Child Welfare Act of 1978. [FN424] At a time when federal... 1981  
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  
Cheyañna L. Jaffke Judicial Indifference: Why Does the "Existing Indian Family" Exception to the Indian Child Welfare Act Continue to Endure? 38 Western State University Law Review 127 (Spring 2011) I. Introduction II. The Remedy for Judicial Ignorance: The Indian Child Welfare Act and Its History. 129 A. The Need for the Indian Child Welfare Act. 129 B. The Indian Child Welfare Act. 131 C. The Application of the Indian Child Welfare Act. 134 D. The Indian Child Welfare Act Is Still Necessary. 135 E. The existing Indian family Exception. 136; Search Snippet: ...INDIFFERENCE: WHY DOES THE EXISTING INDIAN FAMILY EXCEPTION TO THE INDIAN CHILD WELFARE ACT CONTINUE TO ENDURE? Cheyañna L. Jaffke [FN1] Copyright... 2011 Child Welfare
John D. Barton , Candace M. Barton Jurisdiction of Ute Reservation Lands 26 American Indian Law Review 133 (2001-2002) In 1994, after years of litigation involving several court cases, the Supreme Court of the United States handed down a landmark decision that ruled on jurisdiction over former Ute reservation lands. This case has since become the final word in jurisdiction of reservation lands throughout the United States. As with most policy setting decisions, the; Search Snippet: ...the government's third objective was to further assimilation by removing Indian children from their families and placing them in Indian boarding schools. In these boarding schools the Indian children were not allowed to speak their native language or practice their religious ceremonies. Some of the Indian... 2002  
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  
Rebecca Tsosie JUSTICE AS HEALING: NATIVE NATIONS AND RECONCILIATION 54 Arizona State Law Journal 1 (Spring, 2022) I am honored to give the Canby Lecture for 2020, and I thank Patty Ferguson-Bohnee and Kate Rosier for their leadership of the Indian Legal Program and for inviting me today. I'm delighted to return, even in a virtual space, to the Sandra Day O'Connor College of Law at Arizona State University (ASU). This was my academic home for over twenty-two... 2022  
Elizabeth Low Keeping Cultural Bias out of the Courtroom: How Icwa "Qualified Expert Witnesses" Make a Difference 44 American Indian Law Review 43 (2019) For centuries, Indians were regarded as an inferior people causing the government to make efforts to assimilate--and later to dismantle--Indian families to improve and protect the identity of the United States. In the 1970s, the government embraced an era of self-determination for American Indians by creating laws that would simultaneously protect; Search Snippet: ...without American government assistance. [FN1] In 1978, Congress promulgated the Indian Child Welfare Act (ICWA). The purpose of ICWA is to protect the best interests of Indian children and to promote the stability and security of Indian tribes... 2019  
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  
Antonia Castañeda Language and Other Lethal Weapons: Cultural Politics and the Rites of Children as Translators of Culture 19 Chicano-Latino Law Review 229 (Spring 1998) Dile que no puedo respirar--que se me atora el aire. Dile. . . How do I say atora ? Tell your mother that she has to stop and place this hose in her mouth and press this pump or else she will suffocate. ?Qué dice? ?Qué dice? He is sitting behind this big desk, and my mother was sitting beside me and holding onto my hand very tightly. I. ; Search Snippet: ...girls who worked in the homes of soldiers and settlers. Indian children, in particular, were often captured, traded, or sold into slavery... 1998  
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  
Carol Schmid Language Rights and the Legal Status of English-only Laws in the Public and Private Sector 20 North Carolina Central Law Journal 65 (1992) The recent English-only movement has produced state resolutions, statutes, and constitutional amendments establishing English as the official language. English-only rules are intended to eliminate governmental services in languages other than English. In the workplace, English-only rules require employees to refrain from speaking languages other; Search Snippet: ...English. Beginning in the 1870s, the U.S. government began forcing Indian children into boarding schools and punishing them for using their own dialects. [FN21... 1992  
  Law Review 38 Journal of Law and Education 179 (January, 2009) Danielle N. Boaz, Equality Does Not Mean Conformity: Reevaluating the Use of Segregated Schools to Create a Culturally Appropriate Education for African American Children, 7 Conn. Pub. Int. L.J. 1 (2007). This article confronts the assumption that the most effective strategy for advancing minority education is school integration. It details the; Search Snippet: ...a culturally sensitive model for identifying ELLs with disabilities. The Indian Boarding School Era and its Continuing Impact on Tribal Families and... 2009  
Matthew L.M. Fletcher , Wenona T. Singel LAWYERING THE INDIAN CHILD WELFARE ACT 120 Michigan Law Review 1755 (June, 2022) This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court,... 2022 Child Welfare
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  
Betty Pfefferbaum, Rennard Strickland, Everett R. Rhoades, Rose L. Pfefferbaum Learning How to Heal: an Analysis of the History, Policy, and Framework of Indian Health Care 20 American Indian Law Review 365 (1995-1996) C1-3Table of Contents I. Introduction. 366 II. New Diseases and Minimal Intervention: Pre-Nineteenth Century. 367 III. Government Intervention: Nineteenth Century. 368 IV. Health as a Priority: Early Twentieth Century. 373 V. The Beginnings of Public Health Practices: 1921 to 1954. 376 VI. Official Transfer to the Public Health Service: 1955. 380; Search Snippet: ...seemed to be a reasonable and feasible alternative. Although the boarding school system is often condemned for its role in the civilization of Indians, critics have not offered a satisfactory substitute for this means of educating Indian children. Unfortunately, the assemblage of young individuals fostered local epidemics, a... 1996  
Robert B. Porter Legalizing, Decolonizing, and Modernizing New York State's Indian Law 63 Albany Law Review 125 (1999) The Indian Law, although a part of the scheme of general laws, is but a collection of special statutes relating to the several tribes of Indians remaining in the state. Following this plan an examination has been made of all statutes relating to Indians, and such as were found to be unrepealed but superceded or obsolete have been placed in the; Search Snippet: ...Reservations [FN61] and, in 1855, it established the State's first Indian boarding school. [FN62] Also during this time, the State Board of... 1999  
David Pimentel LEGISLATING CHILDHOOD INDEPENDENCE 50 Pepperdine Law Review 285 (February, 2023) The legal system has been drawn into the ongoing debate about what constitutes responsible parenting in a world increasingly obsessed with child safety. While statistics show that children are dramatically safer today than ever before, media and popular paranoia about child safety are prompting parents to err on the side of overprotection. Vague... 2023  
Maggie Blackhawk LEGISLATIVE CONSTITUTIONALISM AND FEDERAL INDIAN LAW 132 Yale Law Journal 2205 (May, 2023) The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive, audience to ask and answer questions of constitutional meaning and constitutional law. This juricentric or court-centered constitutionalism has relegated the other, so-called political branches to... 2023  
Richard Delgado , Jean Stefancic Lessons from Mexican Folklore: an Essay on U.s. Immigration Policy, Child Separation, and La Llorona 81 University of Pittsburgh Law Review 287 (Winter 2019) United States immigration policy has taken an increasingly punitive turn. The current administration recently declared a national emergency in an effort to sidestep Congress and secure the funds to build a wall along the United States-Mexican border. It also threatened to close that border entirely, including to trucks bearing such essential items; Search Snippet: ...United States in fact has a history of abducting American Indian children from their families and placing them in distant boarding schools. [FN115] In 1819, Congress passed the Civilization Fund Act... 2019  
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  
Allison M. Dussias Let No Native American Child Be Left Behind: Re-envisioning Native American Education for the Twenty-first Century 43 Arizona Law Review 819 (WINTER, 2001) The work of the government directed toward the education and advancement of the largely ineffective.... [T]he government has not appropriated enough funds to permit the Indian Service to employ an adequate personnel properly qualified for the task before it. -- Meriam Report, 1928 [O]ur national policies for educating American Indians; Search Snippet: ...are a failure of major proportions. They have not offered Indian children--either in years past or today--an educational opportunity anywhere... 2001  
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  
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  
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