AuthorTitleCitationSummaryYearKey Term in Title or Summary
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  
Adam Crepelle Decolonizing Reservation Economies: Returning to Private Enterprise and Trade 12 Journal of Business, Entrepreneurship and the Law 129 (2019) Introduction. 129 I. History. 132 A. Prior to 1776. 132 B. The United States Indian Policy from 1776-1970. 139 II. Governments Still Holding Indian Businesses Back. 159 A. Federal Laws and Policies that Stifle Reservation Economies. 159 B. States v. Tribes. 164 C. How Tribes Hurt Themselves. 167 III. Returning to Traditional Tribal Business; Search Snippet: ...Kristen A. Carpenter, Chapter 9: Individual Religious Freedoms in American Indian Tribal Constitutional Law, in The Indian Civil Rights Act At Forty 160; Wallace Coffey & Rebecca Tsosie... 2019  
Maggie Blackhawk Federal Indian Law as Paradigm Within Public Law 132 Harvard Law Review 1787 (May, 2019) C1-3CONTENTS L1-2Introduction . L31791 I. Federal Indian Law as Paradigm. 1800 A. Colonialism and Constitutional History. 1801 B. Colonialism and Federal Indian Law as Paradigm Case. 1803 II. The Centrality of Federal Indian Law to Public Law. 1806 A. The Treaty Power. 1809 B. Separation of Powers. 1815 1. Federalism. 1816 2. Judicial Review. 1819; Search Snippet: ...reflection about America's history with colonialism and, in particular, the Indian reservation and boarding school system. From the Founding, the national government has had a direct hand in the violent dispossession of Native peoples, the internment of Natives into reservation camps, and efforts to kill the Indian and save the man by forcing Indian children into boarding... 2019  
Neoshia R. Roemer Finding Harmony or Swimming in the Void: the Unavoidable Conflict Between the Interstate Compact on the Placement of Children and the Indian Child Welfare Act 94 North Dakota Law Review 149 (2019) The Indian Child Welfare Act is a federal statute that applies to Indian children who are at the center of child welfare proceedings. While the Indian Child Welfare Act provides numerous protections to Indian children, parents, and tribes, many of these cases play out in state courts which are also required to apply their own requisite, relevant; Search Snippet: ...THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN AND THE INDIAN CHILD WELFARE ACT Neoshia R. Roemer [FNa1] Copyright © 2019 by the North Dakota Law Review; Neoshia R. Roemer Abstract The Indian Child Welfare Act is a federal statute that applies to Indian children who are at the center of child welfare proceedings. While the Indian Child Welfare Act provides numerous protections to Indian... 2019 Yes
Taylor Dow Icwa and the Unwed Father: a Constitutional Corrective 167 University of Pennsylvania Law Review 1513 (May, 2019) The Indian Child Welfare Act provides important procedural protections for American Indian children, the parents of American Indian children, tribes, and Indian custodians in state court child custody proceedings. However, the Act excludes unwed fathers who have not acknowledged or established their paternity from its definition of parent. This; Search Snippet: ...2019 by University of Pennsylvania Law Review; Taylor Dow The Indian Child Welfare Act provides important procedural protections for American Indian children, the parents of American Indian children, tribes, and Indian custodians in state court child custody proceedings... 2019  
Marcia Zug Icwa International: the Benefits and Dangers of Enacting Icwa-type Legislation in Non-u.s. Jurisdictions 97 Denver Law Review 205 (Fall, 2019) For decades, the Indian Child Welfare Act (ICWA) has been considered the gold standard in Indigenous child protection. As a result, Indigenous advocates around the world have sought the passage of similar legislation. However, it is far from clear that the benefits of the ICWA are easily exported. The ICWA is based on a recognition of tribal; Search Snippet: ...by Denver Law Review; Marcia Zug Abstract For decades, the Indian Child Welfare Act (ICWA) has been considered the gold standard in... 2019  
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  
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  
M. Jordan Thompson , Chelsea L.M. Colwyn Living Sqélix: Defending the Land with Tribal Law 51 Connecticut Law Review 889 (August, 2019) The Salish and Pend d'Oreille--known today as part of the Confederated Salish and Kootenai Tribes (CSKT) of the Flathead Indian Reservation in Montana--have been part of the landscape of what is now Montana, Idaho, and eastern Washington ever since Coyote prepared the world for them. The Salish and Pend d'Oreille traditionally managed their; Search Snippet: ...and brush, were now all punishable with jail time. [FN123] Indian children were forced to attend the Jesuit boarding schools built on the Reservation and were forbidden to speak... 2019  
Cassandra Crandall Moving Forward from the Scoop Era: Providing Active Efforts under the Indian Child Welfare Act in Illinois 40 Northern Illinois University Law Review 100 (Fall, 2019) This Comment argues that Illinois should adopt the view that active efforts are a higher standard than reasonable efforts and implement procedures encouraging state agencies and courts to implement these requirements. Following the Supreme Court's rationale in Mississippi Choctaw Band of Indians v. Holy field, one of the only Supreme Court cases; Search Snippet: ...FORWARD FROM THE SCOOP ERA: PROVIDING ACTIVE EFFORTS UNDER THE INDIAN CHILD WELFARE ACT IN ILLINOIS Cassandra Crandall [FNa1] Copyright © 2019 by... 2019 Yes
Bethany R. Berger Natural Resources and the Making of Modern Indian Law 51 Connecticut Law Review 927 (August, 2019) The pipeline protests at Standing Rock continued a long tradition of Native people coming together to protect natural resource rights. Indeed, this Essay argues, natural resource disputes are responsible for core advances in Native peoples' rights in the twentieth century. Although there are many examples, I focus on four particularly influential; Search Snippet: ...remaining lands. Tribal territories were circumscribed, reservations divided among individual Indians and settlers, Indian children sent to boarding schools, and federal agents worked to quash tribal religion and... 2019  
Marcy L. Kahn New York State's Recent Judicial Collaboration with Indigenous Partners: the Story of New York's Federal-state-tribal Courts and Indian Nations Justice Forum 14 Judicial Notice 20 (2019) When then-Chief Judge Judith Kaye asked me in 2002 to lead the effort to establish a forum of the state and Indian tribal courts in New York, I enthusiastically embraced the chance to return to work which had long been an interest of mine. This interest derived from three experiences. First, I grew up in Arizona, and attended a public high school; Search Snippet: ...a public high school located next door to the statewide boarding school for Indian high school students. Those students attended some classes at my... 2019  
Matthew L.M. Fletcher On Indian Children and the Fifth Amendment 80 Montana Law Review 99 (Winter, 2019) Many of my first memories revolve around my grandmother Laura Mamagona's apartment in Grand Rapids, Michigan. She shared the apartment with my uncle Crockett, who was a college student. Her apartment was the upstairs room of an old house on the side of a hill on College Street. My memories are mostly of domestic activities. Cooking. Sweeping; Search Snippet: ...MONTANA LAW REVIEW Montana Law Review Winter, 2019 Essay ON INDIAN CHILDREN AND THE FIFTH AMENDMENT Matthew L.M. Fletcher [FNa1] Copyright © 2019... 2019  
Courtney Lewis Pathway to Permanency: Enact a State Statute Formally Recognizing Indian Custodianship as an Approved Path to Ending a Child in Need of Aid Case 36 Alaska Law Review 23 (June, 2019) Alaska has a disproportionate number of Alaska Native youth in foster care, and an overburdened and understaffed state child welfare agency. This Article argues that Alaska should enact a state statute to provide clear guidance to state child welfare practitioners and state courts that Alaska's state government recognizes an Indian custodianship; Search Snippet: ...created through Tribal law or custom as a pathway for Indian children to exit the overburdened state foster care system. Alaska's state... 2019  
Peggy Cooper Davis Post-colonial Constitutionalism 44 New York University Review of Law and Social Change Change 1 (2019) This Article is drawn from remarks delivered by Professor Peggy Cooper Davis at the inaugural Elie Hirschfeld Symposium on Racial Justice in the Child Welfare System, held on January 23, 2019. For a full transcript of Professor Cooper Davis' remarks, see Appendix at the end of this issue. I. Introduction. 1 II. In what sense are we a post-colonial; Search Snippet: ...undertakes a kind of cultural or educational conversion. Kidnapping of Native children to boarding schools for socialization comes to mind, [FN1] as do the... 2019  
Kristen A. Carpenter, Angela R. Riley Privatizing the Reservation? 71 Stanford Law Review 791 (April, 2019) Abstract. The problems of American Indian poverty and reservation living conditions have inspired various explanations. One response advanced by some economists and commentators, which may be gaining traction within the Trump Administration, calls for the privatization of Indian lands. Proponents of this view contend that reservation poverty is; Search Snippet: ...listen to Survivors, communities and others affected by abuse of Indian children in government-run boarding schools. [FN456] Based on the testimony it received, the Commission... 2019  
Bethany R. Berger Savage Equalities 94 Washington Law Review 583 (June, 2019) Abstract: Equality arguments are used today to attack policies furthering Native rights on many fronts, from tribal jurisdiction over non-Indian abusers to efforts to protect salmon populations in the Pacific Northwest. These attacks have gained strength from a modern movement challenging many claims by disadvantaged groups as unfair special; Search Snippet: ...United States. Tribal removal, confinement on reservations, involuntary allotment and boarding schools, tribal termination--all were justified, in part, as necessary to achieve individual Indian equality. The results of these policies, justified as equalizing the... 2019  
Milo Colton Texas Indian Holocaust and Survival: Mcallen Grace Brethren Church V. Salazar 21 Scholar: St. Mary's Law Review on Race and Social Justice 51 (2019) When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in; Search Snippet: ...government, in an attempt to civilize American Indians, regularly kidnapped Indian children to educate them. [FN184] In 1892, Captain Richard Pratt, the founder of the first Indian boarding school in Carlisle, Pennsylvania stated the objective of removing Indian children from their families and educating them in boarding schools hundreds of miles from their homes was to make certain that all the Indian... 2019  
Adriana M. Orman The Causal Effect: Implications of Chronic Underfunding in School Systems on the Navajo Reservation 40 Mitchell Hamline Law Journal of Public Policy and Practice 242 (Spring, 2019) I. Introduction. 242 II. Characteristics of the Navajo Reservation. 249 III. An Overview of Indian Jurisprudence in the United States Supreme Court. 252 IV. The Imposition of Eurocentric Education on Native Americans: Assimilation and Repression. 257 A. Treaty Making. 257 B. Allotment and Assimilation Era. 258 C. The Indian Reorganization Era. 260; Search Snippet: ...FN97] The painful legacy that has followed is known around Indian Country as the Boarding School Era. The Navajo Treaty of 1868, like other treaties... 2019  
Danielle J. Mayberry The Origins and Evolution of the Indian Child Welfare Act 14 Judicial Notice 34 (2019) Since first contact, federal Indian policy and law has impacted American Indian children and families, targeting them as a means to assimilate Indian Nations into American society. In the beginning, Indian children were targeted for military and diplomatic purposes in order to undermine tribal resistance. This assimilation policy later shifted; Search Snippet: ...Notice 2019 Featured Article THE ORIGINS AND EVOLUTION OF THE INDIAN CHILD WELFARE ACT Danielle J. Mayberry [FNa1] Copyright © 2019 by The... 2019 Yes
Neoshia R. Roemer The Violence Against Women Act of 2018: a Step in the Right Direction for Indian Children and Federal Indian Law 66-APR Federal Lawyer 52 (March/April, 2019) It is well-settled law that if a person who violates the laws of the United States is a resident of another country, that person falls within the criminal jurisdiction of the United States. Similarly, if a person crosses state lines and commits child abuse in another state, he or she falls under the jurisdiction of the state where the crime was; Search Snippet: ...ACT OF 2018: A STEP IN THE RIGHT DIRECTION FOR INDIAN CHILDREN AND FEDERAL INDIAN LAW Neoshia R. Roemer [FNa1] Copyright © 2019... 2019  
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