AuthorTitleCitationSummaryYearKey Term
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  
The Honorable Robert Yazzie Life Comes from It: Navajo Justice Concepts 24 New Mexico Law Review 175 (Spring, 1994) Navajo justice is unique, because it is the product of the experience of the Navajo People. Prior to contact with European cultures, Navajos developed their ways of approaching life through many centuries of dealing with obstacles to their survival. Likewise, Navajo concepts of justice are a product of the experience we have gained from dealing; Search Snippet: ...European thought. I am a product of a Bureau of Indian Affairs (BIA) boarding school education which was so destructive of the Navajo culture... 1994  
Peter K. Wahl Little Power to Help Brenda? A Defense of the Indian Child Welfare Act and its Continued Implementation in Minnesota 26 William Mitchell Law Review 811 (2000) I. Introduction. 812 II. Background of the Indian Child Welfare Act. 815 A. The History of Indian Child Placement Programs. 816 B. The History of ICWA. 817 III. The Indian Child Welfare Act. 820 A. Provisions of the Indian Child Welfare Act. 820 1. Notice Provisions. 821 2. Jurisdiction Provisions. 821 a. Public Law 280. 822 b. Tribal Power in; Search Snippet: ...Article LITTLE POWER TO HELP BRENDA? A DEFENSE OF THE INDIAN CHILD WELFARE ACT AND ITS CONTINUED IMPLEMENTATION IN MINNESOTA Peter K... 2000 Child Welfare
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  
Richard Delgado Locating Latinos in the Field of Civil Rights: Assessing the Neoliberal Case for Radical Exclusion 83 Texas Law Review 489 (December, 2004) Poor Latinos! Nobody loves them. Think-tank conservatives like Peter Brimelow, joined by a few liberals and a host of white supremacist websites, have been warning against the Latino threat: Because our dark-haired friends from south of the border insist on preserving their peculiar language and ways, they endanger the integrity of our Anglocentric; Search Snippet: ...United States. [FN160] In the early years of this century, boarding schools for Indian children ruthlessly suppressed Indian culture, [FN161] while California schools segregated black and Chinese schoolchildren... 2004  
Matthew L.M. Fletcher Looking to the East: the Stories of Modern Indian People and the Development of Tribal Law 5 Seattle Journal for Social Justice Just. 1 (Fall/Winter, 2006) For my Gram and old stories, and the Peach and new stories. For many Indian people the east represents a new beginning. Each day the sun rises and Indian people begin new lives, with new stories and new experiences. East is the direction of young people, of newborns, and creativity. East is the direction of starting over with new and powerful; Search Snippet: ...territory, such as certain landmarks. [FN28] The reservation system, the boarding schools and missionaries, and the dispossession of Indian lands guaranteed the loss of most of these stories. [FN29... 2006  
Carla D. Pratt Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty Through Sexual Assimilation 2007 Wisconsin Law Review 409 (2007) I. Introduction. 410 II. Tribal Miscegenation Laws. 414 A. The Genesis of Tribal Laws Regulating Loving. 414 B. The Context of Indian Miscegenation Law. 417 1. Geographical Containment Creates Vulnerability. 417 2. State Sovereignty Versus Tribal Sovereignty. 418 3. Science and Education Influence Tribal Policy. 421 4. The Tribes Seek the; Search Snippet: 1918. [FN64] The Carlisle Indian School educated thousands of Indian children, including over five hundred from the Five Tribes. [FN65] The... 2007  
Lillian Marquez Making "Bad Men" Pay: Recovering Pain and Suffering Damages for Torts on Indian Reservations under the Bad Men Clause 20 Federal Circuit Bar Journal 609 (2011) Of the many peace treaties that the U.S. government created with existing bands of people in unacquired territories, nine explicitly provide for indemnification by the federal government for virtually any wrong committed against a member of a signatory tribe. Since the years in which the nine treaties were signed, this indemnification clause has; Search Snippet: ...codified as amended at 25 U.S.C. §§ 1301 1303 (2006) ); Indian Child Protection and Family Violence Prevention Act, Pub. L. No. 101... 2011  
Gregory Ablavsky Making Indians "White": the Judicial Abolition of Native Slavery in Revolutionary Virginia and its Racial Legacy 3 159 University of Pennsylvania Law Review 1457 (April, 2011) Introduction. 1458 I. The Hidden History of Indian Slavery in Virginia. 1463 A. The Origins of Indian Slavery in Early America. 1463 B. The Legal History of Indian Slavery in Virginia. 1467 C. Indians, Africans, and Colonial Conceptions of Race. 1473 II. Robin v. Hardaway, Its Progeny, and the Legal Reconceptualization of Slavery. 1476 A. Indian; Search Snippet: ...barred masters from assign[ing] or transferr[ing] their indentured Indian children to any other whatsoever [FN51] and prohibited traders who imported... 2011  
Katherine Florey Making it Work: Tribal Innovation, State Reaction, and the Future of Tribes as Regulatory Laboratories 92 Washington Law Review 713 (June, 2017) Abstract: This Article examines a growing phenomenon: even as the Supreme Court has steadily contracted the scope of tribes' regulatory authority, many tribes have in recent years passed innovative laws and ordinances, often extending well beyond any comparable initiatives at the state or local level. Recently, for example, the Navajo Nation passed; Search Snippet: ...attitudes about marijuana consumption imposed on tribes by outsiders: [d]uring boarding schools [intended to force the assimilation of Indian children], our way of life was outlawed, and so many of... 2017  
Sara Dillon Making Legal Regimes for Intercountry Adoption Reflect Human Rights Principles: Transforming the United Nations Convention on the Rights of the Child with the Hague Convention on Intercountry Adoption 21 Boston University International Law Journal 179 (Fall 2003) I. Introduction: The Ideological Morass at the Heart of International and National Adoption Law. 180 A. Who will articulate a child's right not to be institutionalized? How to articulate a child's right to a family of his or her own?. 187 B. Identifying Acceptable and Unacceptable Forms of Care. 191 II. The International Human Rights Picture: The; Search Snippet: ...masterful detail the tragic history of the placement of American Indian children in non- Indian settings, including in boarding schools and with non- Indian families, clearly demonstrating that this practice had its roots in... 2003  
Amanda Tesarek MAKING THE "BEST" BETTER: TRANSFERRING BEST INTERESTS DETERMINATIONS TO TRIBES AS A SOLUTION TO THE ONGOING POST-COLONIAL INDIGENOUS CHILD WELFARE CRISIS 30 Minnesota Journal of International Law 395 (Spring, 2021) Kill the Indian in him, and save the man. [C]ontinue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian department. [T]he destiny of the natives of aboriginal origin . lies in their ultimate absorption by the people of the Commonwealth . These... 2021 Child Welfare
Ana Condes MAN CAMPS AND BAD MEN: LITIGATING VIOLENCE AGAINST AMERICAN INDIAN WOMEN 116 Northwestern University Law Review 515 (2021) Abstract--The crisis of sexual violence plaguing Indian Country is made drastically worse by oil-pipeline construction, which often occurs near reservations. The man camps constructed to house pipeline workers are hotbeds of rape, domestic violence, and sex trafficking, and American Indian women are frequently targeted due to a perception that... 2021  
Patrick Derocher MANIFESTING A BETTER DESTINY: INTEREST CONVERGENCE AND THE INDIAN CLAIMS COMMISSION 24 NYU Journal of Legislation and Public Policy 511 (2021-2022) As debates continue over whether the United States should consider, let alone how it might implement, a reparations plan for the descendants of enslaved people, the conversation often proceeds without recognizing that this country has already administered a similar program: The Indian Claims Commission (ICC). However, the fact that the ICC has... 2022  
Rachel Kincaid MASS INCARCERATION AND MISINFORMATION: THE COVID-19 INFODEMIC BEHIND BARS 19 University of Saint Thomas Law Journal 323 (Spring, 2023) [A]s I mentioned, by April or during the month of April, the heat, generally speaking, kills this kind of virus.--Then-President Donald Trump on February 10, 2020, during a White House meeting with governors. I said it was going away--and it is going away.--Then-President Trump on April 3, 2020, during a White House Coronavirus Task Force... 2023  
Victoria Bennett Medical Examination of Aliens: a Policy with Ailments of its Own? 12 University of Arkansas at Little Rock Law Journal 739 (1989/1990) Aliens seeking entry into the United States have long been subject to examinations of one form or another to determine their fitness to enter the country. Beginning in 1891, U.S. immigration laws decreed that aliens with contagious diseases would be excluded from entry. The purpose of this law, and the laws that followed, was to protect persons in; Search Snippet: ...infected. At this point, the investigation was broadened to include Indian children in boarding schools who would not have been exposed to the foreign... 1990  
Nell Jessup Newton Memory and Misrepresentation: Representing Crazy Horse 27 Connecticut Law Review 1003 (Summer 1995) A grievance widely shared by many Indian people in the United States is the commercial appropriation of Indian names, images, stories, religious practices, and patterns. Seth Big Crow has invoked the Rosebud Sioux Tribal legal process to oppose one such practice, the marketing of a malt liquor named after his grandfather, a revered Lakota figure; Search Snippet: ...denominations with control over education on specific reservations; conversion of Indian children to Christianity was seen as a first step to assimilation. [FN118] Toward the end of the nineteenth century, Indian boarding schools were preferred. Youngsters would be taken by force, if... 1995  
Lawrence R. Baca Meyers V. Board of Education: the Brown V. Board of Indian Country 2004 University of Illinois Law Review 1155 (2004) The U.S. Supreme Court announced the constitutional promise of an equal, unified education for African American students by deciding Brown v. Board of Education in 1954, but it would take another forty years before a federal court even addressed the basic question of whether American Indians share a similar right to equal educational opportunities; Search Snippet: ...Live Heroically , Deloris J. Huff writes: To the generations of Indian children--who endured history classes extolling the heroism of Christopher Columbus... 2004  
Cassidy Wadsworth Skousen Minding the Gap: Improving Parental Involvement to Bridge Education Gaps Between American Indian and Non-indian Students 2018 Brigham Young University Education and Law Journal 193 (2018) The Navajo Tribe dislikes talking about the dead. The tribe refers to such conversation as talking in darkness. Michalyn Steele, a former attorney for the Department of Interior (DOI), learned this when she sat down with Navajo elders to discuss a spate of teenage American Indian suicides within the nation. The youth suicide rate among American; Search Snippet: ...The government also set out a disastrous education campaign for Indian children. [FN16] The tribes would not be dissuaded from their tribal... 2018  
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  
Melina Angelos Healey Montana's Rural Version of the School-to-prison Pipeline: School Discipline and Tragedy on American Indian Reservations 75 Montana Law Review 15 (Winter, 2014) Introduction. 17 I. Foundations of the Pipeline. 18 A. The Nationwide School-to-Prison Pipeline. 18 B. Tribes and Reservations Examined in this Article. 21 II. Background and Approach. 23 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 23 III. The Data: The Presence of Pipeline Indicators in Montana. 25 A. The Harmful; Search Snippet: ...II. Background and Approach 23 A. The Legacy of American Indian Boarding Schools and Educational Segregation 23 III. The Data: The Presence... 2014  
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 Child Welfare
Margaret F. Brinig Moving Toward a First-best World: Minnesota's Position on Multiethnic Adoptions 28 William Mitchell Law Review 553 (2001) I. Introduction. 553 II. A Brief Historical Review of Multicultural Adoption. 555 III. Demography, or A Political Win with Very Little Cost. 568 IV. The Substitute--Kinship Foster Care. 577 V. The Transracial Adoption Debate. 583 VI. Some Empirical Observations. 587 VII. Conclusions. 589 VIII. Appendix. 596; Search Snippet: ...biological family and heritage. At the outset, Minnesota promulgated the Indian Child Welfare Act (ICWA), [FN27] adopted the ALI/ABA rules protecting... 2001  
Marie A. Failinger Moving Toward Human Rights Principles for Intercountry Adoption 39 North Carolina Journal of International Law and Commercial Regulation 523 (Winter 2014) I. Introduction. 523 II. The Human Rights Instruments, Human Dignity, and Adoption. 529 III. Principles for Intercountry Adoption Following from Human Dignity. 536 A. The Realism Principle. 536 B. The Global Interdependence Principle. 549 1. The Consequences of Global Interdependence for Governmental Responsibilities for Adoptable Children. 550 2; Search Snippet: least with older children. [FN220] The U.S. experience with boarding schools and adoption of American Indian children into white majority homes not prepared to address their cultural... 2014  
Scott C. Idleman Multiculturalism and the Future of Tribal Sovereignty 35 Columbia Human Rights Law Review 589 (Summer 2004) One of the most important things to understand about American Indian tribes is the simple fact that tribes are governments--not non-profit organizations, not interest groups, not an ethnic minority. The history of American culture is rich with social and ideological movements of every sort, from the temperance and abolitionist efforts at the outset; Search Snippet: ...Indian legislation. [FN118] Paradigmatic in this respect is the 1978 Indian Child Welfare Act (ICWA), [FN119] which governs the placement of children... 2004  
Matthew L.M. Fletcher MUSKRAT TEXTUALISM 116 Northwestern University Law Review 963 (2022) Abstract--The Supreme Court decision McGirt v. Oklahoma, confirming the boundaries of the Creek Reservation in Oklahoma, was a truly rare case in which the Court turned back arguments by federal and state governments in favor of American Indian and tribal interests. For more than a century, Oklahomans had assumed that the reservation had been... 2022  
Kate Shearer Mutual Misunderstanding: How Better Communication Will Improve the Administration of the Indian Child Welfare Act in Texas 15 Texas Tech Administrative Law Journal 423 (Summer, 2014) I. Introduction. 423 II. Background: A Juxtaposition of the Primary Goals for Removed Children Under the Indian Child Welfare Act and Under the Texas Department of Family and Protective Services. 425 A. The Goals of Child Protective Services Following Removal. 425 1. Best Interests of the Child. 425 2. Permanency Plan. 426 3. Minimum Sufficient; Search Snippet: ...MISUNDERSTANDING: HOW BETTER COMMUNICATION WILL IMPROVE THE ADMINISTRATION OF THE INDIAN CHILD WELFARE ACT IN TEXAS Kate Shearer Copyright (c) 2014 The... 2014 Child Welfare
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  
Jeffrey S. Miller Native American Athletes: Why Gambling on the Future Is a Sure Bet 4 Virginia Sports and Entertainment Law Journal 239 (Spring 2005) Introduction. 240 I. The Numerous and Inherent Struggles of Native American Athletes. 242 II. Existing Sports Programs for Native American Athletes Offer a Foundation for Future Athletic Success. 251 III. Involvement and Success in Athletics Provides Numerous and Substantial Benefits to Native American Athletics. 255 IV. Apportioning a Piece of the; Search Snippet: ...between 1980 and 1990. John Bloom, To Show What an Indian Can Do: Sports at Native American Boarding Schools 24 (2000). . Kevin Gover, Assistant Secretary of Indian... 2005  
Alison McKinney Brown Native American Education: a System in Need of Reform 2-SPG Kansas Journal of Law & Public Policy 105 (Spring, 1993) The high school dropout rate for American Indians--estimated nationally at 45% to 50% but as high as 85% in the most depressed areas--is the worst such record of any major ethnicminority group. College-bound American Indian students continue to score significantly lower than average on both the math and verbal portions of the Scholastic Aptitude; Search Snippet: ...high school. [FN3] These statistics show that for many American Indian children, traditional educational methods are less effective than they are for... 1993  
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