| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| Lori V. Quigley, Ph.D. |
Thomas Indian School |
14 Judicial Notice 48 (2019) |
In the late 1800s, the United States created special boarding schools in locations all over the United States, with the purpose of civilizing American Indian youth. It was an educational experiment, one that the government hoped would change the traditions and customs of American Indians. In the past several decades, research into these boarding; Search Snippet: ...Ph.D. I n the late 1800s, the United States created special boarding schools in locations all over the United States, with the purpose of civilizing American Indian youth. It was an educational experiment, one that the government... |
2019 |
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| Kelly Gaines-Stoner |
Tribal Judicial Sovereignty: a Tireless and Tenacious Effort to Address Domestic Violence |
53 Family Law Quarterly 167 (Fall, 2019) |
As of 2018, 573 Native American tribes were legally recognized by the Bureau of Indian Affairs (BIA) of the United States. Of the 573 tribes, 231 tribes are located in Alaska. The health and wellbeing of all Native families is in peril as Native women and their children are exposed to domestic violence and other multiple forms of violence in Indian; Search Snippet: ...colonization movement only served as an opportunity to further victimize Native women and children by diminishment in the status of women, destruction and disease, boarding schools, and learned violence. While tribal cultures vary considerably, common... |
2019 |
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| Monika Batra Kashyap |
Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System |
46 Fordham Urban Law Journal 548 (June, 2019) |
This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called settler colonialism, which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration; Search Snippet: ...of Indigenous children from their families to government-funded residential boarding schools provides a quintessential example of a settler colonial cultural... |
2019 |
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| Summer Blaze Aubrey |
Violence Against the Earth Begets Violence Against Women: an Analysis of the Correlation Between Large Extraction Projects and Missing and Murdered Indigenous Women, and the Laws That Permit the Phenomenon Through an International Human Rights Lens |
10 Arizona Journal of Environmental Law & Policy 34 (Fall, 2019) |
This note examines the prevalence of sex trafficking of Native women and children, and the correlation those rates have with large extraction projects, such as the Bakken Oil Fields in North Dakota, and the camps (man camps) that employees live in. In order to fully flesh out the phenomenon accurately, this note walks through pertinent history; Search Snippet: ...new frontier. Hunting never ended; [FN42] it only evolved. The Indian Boarding School Policy began in 1869 as a result of the Indian Civilization Act Fund, [FN43] the Peace Policy of 1869, [FN44... |
2019 |
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| Jamie R. Abrams |
Why the Legal Strategy of Exploiting Immigrant Families Should Worry Us All |
14 Harvard Law & Policy Review 77 (Summer, 2019) |
This article applies a family law lens to explore the systemic and traumatic effects of modern laws and policies on immigrant families. A family law lens widens the scope of individuals harmed by recent immigration laws and policies to show why all families are affected and harmed by shifts in state power, state action, and state rhetoric. The; Search Snippet: ...the Emancipation Proclamation need look no further than the notorious Indian boarding schools - U.S. government or church run institutions that snatched Indigenous... |
2019 |
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| Chante Westmoreland |
An Analysis of the Lack of Protection for Intangible Tribal Cultural Property in the Digital Age |
106 California Law Review 959 (June, 2018) |
This Note analyzes how the current push for digitization of library and museum collections exacerbates the infringement and appropriation of intangible tribal cultural property and how current statutory schemes fail to adequately protect such property. Cultural property includes any sacred traditional knowledge essential to tribal ways of life and; Search Snippet: ...as a Tool for Cultural Protection: The Example of The Indian Child Welfare Act 978 3. Inadequacy of Existing Tangible Cultural Property... |
2018 |
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| Anastasia Doherty |
Choosing to Raise a Child Conceived Through Rape: the Double-injustice of Uneven State Protection |
39 Women's Rights Law Reporter 220 (Spring/Summer, 2018) |
In the aftermath of my rape, my method of coping--no, my method of surviving--was to resolutely pretend that my rape had never occurred. I treated it as a fictitious nightmare. I convinced myself that if I just lived as I had before, I would be as I had before. Different plans were in store for me. A month after my rape, I learned I was; Search Snippet: ...fifteen percent of the nation's children are Black. [FN317] American Indian children are nearly four times more likely to be placed in... |
2018 |
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| Michalyn Steele |
Cultivating Professional Identity and Resilience Through the Study of Federal Indian Law |
2018 Brigham Young University Law Review 1429 (2018) |
C1-2Contents I. Introduction. 1429 II. Professional Identity Formation and the Study of Federal Indian Law. 1433 A. Commitment to Others. 1436 B. The Basics of Good Judgment to Help Clients. 1440 C. Cross-Cultural Competency. 1442 III. Cultivating Resilience Through the Study of Federal Indian Law. 1445 IV. Conclusion. 1448; Search Snippet: ...have the opportunity to contemplate cultural values in studying the Indian Child Welfare Act (ICWA). [FN55] ICWA is a federal statute that... |
2018 |
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| Allison Elder |
Indian as a Political Classification: Reading the Tribe Back into the Indian Child Welfare Act |
13 Northwestern Journal of Law & Social Policy 410 (Spring, 2018) |
In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in; Search Snippet: ...AS A POLITICAL CLASSIFICATION: READING THE TRIBE BACK INTO THE INDIAN CHILD WELFARE ACT Allison Elder Copyright © 2018 Northwestern University Pritzker School... |
2018 |
Yes |
| 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 |
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| Sarah Krakoff |
Public Lands, Conservation, and the Possibility of Justice |
53 Harvard Civil Rights-Civil Liberties Law Review 213 (Winter, 2018) |
The Bears Ears region includes narrow canyons that wind their way to the Colorado River, wild sandstone uplifts and towers, and troves of ancient Puebloan ruins. President Obama proclaimed Bears Ears as a National Monument on December 28, 2016 pursuant to his authority under the Antiquities Act, which authorizes the President to create monuments on; Search Snippet: ...tribal land base. [FN93] Assimilation policies, aimed likewise at converting Indians into yeoman farmers or laborers, removed Indian children from their homes and educated them in boarding schools where their languages, cultures, and dress were forbidden. [FN94... |
2018 |
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| Sarah Deer, Mary Kathryn Nagle |
Return to Worcester: Dollar General and the Restoration of Tribal Jurisdiction to Protect Native Women and Children |
41 Harvard Journal of Law & Gender 179 (Winter, 2018) |
C1-2Table of Contents Introduction. 180 I. Non-Indian Perpetrated Violence Against Native Women Was Designed to Secure Colonial Conquest and the Destruction of Tribal Nations. 187 A. Native Women Form the Foundation of Tribal Sovereignty. 187 B. Non-Indian Perpetuated Violence Was Purposefully Used Against Native Women and Children as a Form of; Search Snippet: ...Spaniards, are in the habit not only of carrying off Indian children, but also committing outrages against their women, and I have... |
2018 |
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| W. Clinton “Buck” Sterling |
Sources of Alaska Legal History: an Annotated Bibliography, Part I |
110 Law Library Journal 333 (Summer, 2018) |
The author provides an annotated bibliography of sources detailing the legal history of Alaska. Introduction. 334 Bibliography. 335 Alaska Bar, Practice and Education. 335 Alaska Constitution and Constitutional Law. 338 Alaska Court Procedure. 342 Alaska Legislature. 343 Alaska National Interest Lands Conservation Act (ANILCA). 343 Alaska Native; Search Snippet: ...Anchorage, 2001. [FN66] This report provides a historical analysis of Indian Child Welfare Act implementation in Alaska. It includes a review of... |
2018 |
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| Elizabeth MacLachlan |
Tensions Underlying the Indian Child Welfare Act: Tribal Jurisdiction over Traditional State Court Family Law Matters |
2018 Brigham Young University Law Review 455 (2018) |
State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying; Search Snippet: ...Brigham Young University Law Review 2018 Comment TENSIONS UNDERLYING THE INDIAN CHILD WELFARE ACT: TRIBAL JURISDICTION OVER TRADITIONAL STATE COURT FAMILY LAW... |
2018 |
Yes |
| Gregory H. Bigler |
Traditional Jurisprudence and Protection of Our Society: a Jurisgenerative Tail |
43 American Indian Law Review Rev. 1 (2018) |
This Article organizes thoughts from a long period of work and life exploring some of what uniquely guides traditional Euchee and Muscogee society. My participation in Euchee ceremonial life is a lens by which I view tribal, federal, and human rights law and processes. I hope to begin articulating a modern traditional Indian jurisprudence and find; Search Snippet: ...and several of their cousins. [FN64] Golaha Millie, unlike most Indians of that time, insisted the children all speak Euchee upon their return home from Indian boarding schools, regardless of them being punished for speaking it at... |
2018 |
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| Geoffrey D. Strommer, Starla K. Roels, Caroline P. Mayhew |
Tribal Sovereign Authority and Self-regulation of Health Care Services: the Legal Framework and the Swinomish Tribe's Dental Health Program |
21 Journal of Health Care Law and Policy 115 (2018) |
Across the United States, an important shift is taking place in the Indian health care arena. Over the past forty years, many American Indian Tribes have transitioned away from relying primarily on federal officials to provide a bare minimum in health care services to Indian people and have begun instead to develop and operate complex tribal health; Search Snippet: ...PHS reported in its 1957 Report, In 1892, Commissioner [of Indian Affairs Thomas J.] Morgan, having repeatedly exhorted Congress in the name of humanity to provide money for Indian hospitals at every agency and boarding school, described the lack of such facilities as a great... |
2018 |
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| Barbara Stark |
When Genealogy Matters: Intercountry Adoption, International Human Rights, and Global Neoliberalism |
51 Vanderbilt Journal of Transnational Law 159 (January, 2018) |
Those who believe in children's human rights need to promote children's basic human right to be liberated from the conditions under which they live in orphanages or on the street and to grow up with parents who can provide the loving nurturing that is essential for human flourishing. --Elizabeth Bartholet In short, there is a struggle for the; Search Snippet: ...the white man. [FN43] As Professor Lila George explains, the boarding school era, which began in the 1880s and continued until the Indian Adoption Project in the late 1950s, taught children that their... |
2018 |
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| Kathryn Almond |
A Fouled Hand: Ysleta Del Sur Pueblo's Struggle to Game in Texas |
49 Texas Tech Law Review 403 (Winter, 2017) |
I. Welcome to No-Limit Texas Hold'em. 404 II. Cutting the Deck. 406 A. The Game of Roulette: A Brief History of Indian-United States Relations. 406 1. 1492-1817: The Colonial and Trade and Intercourse Periods. 406 2. 1817-1928: The Removal, Reservation, and Allotment Periods. 409 3. 1928-1942: The Reorganization Period. 410 4. 1953-1961: The; Search Snippet: ...as dances, criminal. [FN66] Western education was central to federal Indian policy; Indian children were brought together at boarding schools and often forbidden from speaking their native languages. [FN67] Further, all American Indians were granted United States... |
2017 |
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| Jenadee Nanini |
A Tribe's Future: Native American Youth and the Right to Counsel in Juvenile Justice Systems |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 77 (Spring, 2017) |
Native American youth face a complex dynamic within the juvenile justice system. Native American juveniles are potentially subject to three jurisdictions: tribal, state, and federal--with the possibility of removal to adult court in any of these three jurisdictions. Interestingly, Native American youth also face more barriers and greater; Search Snippet: ...barriers in society. Ivy Wright-Bryan, the National Director of Native American Mentoring for Big Brothers Big Sisters of America, stated... |
2017 |
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| Kevin Heiner |
Are You My Father? Adopting a Federal Standard for Acknowledging or Establishing Paternity in State Court Icwa Proceedings |
117 Columbia Law Review 2151 (December, 2017) |
This Note analyzes the difficulty that courts have in determining whether nonmarital fathers of Native American children are parents within the meaning of the Indian Child Welfare Act of 1978 (ICWA). Part I recounts the history leading to the enactment of ICWA and provides an overview of the subsequent interpretation of ICWA by the Supreme Court,; Search Snippet: ...Native American children are parents within the meaning of the Indian Child Welfare Act of 1978 (ICWA). Part I recounts the history... |
2017 |
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