David Ray Papke Transracial Adoption in the United States: the Reflection and Reinforcement of Racial Hierarchy 2013 Utah Law Review 1041 (2013) Transracial adoption strikes most as an appealing undertaking. People who have adopted a child of another race or been adopted by parents of another race are usually delighted by the results and consider themselves truly fortunate. People who have participated in a transracial adoption might even assert that their families have transcended race and; Search Snippet: ...history in the United States. The institution of white-run boarding schools for Native American children dates back to the 1800s. In the late 1800s, the Federal Bureau of Indian Affairs developed a whole network of boarding schools, in which the children were supposed to develop an... 2013
Andrea L. Johnson A Perfect Storm: the U.s. Anti-trafficking Regime's Failure to Stop the Sex Trafficking of American Indian Women and Girls 43 Columbia Human Rights Law Review 617 (Spring, 2012) In 2001, the United States Department of State ceremoniously revealed its inaugural Trafficking In Persons (TIP) Report, nine months after the passage of the Trafficking Victims Protection Act (TVPA)--the first comprehensive federal law to address human trafficking. The introduction to the statutorily mandated report included a bold statement: The; Search Snippet: ...their sex and labor by colonizers and westward settlers, American Indian women and girls were continuously subjected to sexual exploitation--often... 2012
Tonya Kowalski A Tale of Two Sovereigns: Danger and Opportunity in Tribal-state Court Relations 47 Tulsa Law Review 687 (Spring 2012) As the many Native American nations garner economic strength and come into increasing contact with state and local forums, so do the chances that those forums will come face to face with questions of tribal law. The challenges posed by an Anglo-American court answering questions of tribal law present both danger and opportunity. Opportunities come; Search Snippet: ...Just as insidious were the forced assimilation policies that wrested Indian children from their families and placed them into boarding schools, in many cases for cultural re-education, [FN23] forced... 2012
Aaron J. Stewart Acting for the Left Behind: How the Native Class Act Could Close the Gaps in American Indian Education 36 American Indian Law Review 347 (2012) A new bill in the Senate has many American Indians wondering whether the educational future of Native peoples is indeed bright, or whether the status quo will continue. On June 23, 2011, Senator Daniel Akaka introduced the Native Culture, Language, and Access for Success in Schools Act (Native CLASS Act). This bill's current thrust is to amend; Search Snippet: ...the mid-1700s. [FN12] It was those movements that launched Indian education experiments, such as boarding schools and religious schools on Indian settlements. [FN13] In 1778, the United States government began taking... 2012
Robert Cruz Am T Ñe'ok et A:t O Ce:ek T Do'ibioda:lik "In Our Language Is Where We Will Find Our Liberation" 22 Berkeley La Raza Law Journal 97 (2012) I am O'odham and draw from my experiences with O'odham elders who have discussed their feelings about O'odham existence and expressed how we may continue practicing our way of life. O'odham life ways called Himdag have sustained us since time immemorial and even if we have lost much, exercising the small amount remaining will carry us forward as; Search Snippet: a result of religious doctrine about how to educate Indian children and two political factions resulted purporting to represent the O'odham... 2012
Benjamin Hochberg Bringing Jim Thorpe Home: Inconsistencies in the Native American Graves and Repatriation Act 13 Rutgers Race & the Law Review 83 (2012) Yes. That order did not come from God. Justice, That dwells with the gods below, knows no such law. I did not think your edicts strong enough To overrule the unwritten unalterable laws Of God and heaven, you being only a man. The body of the greatest Native American athlete was sold in a midnight exchange for the benefit of local tourism. In; Search Snippet: ...symbol of the triumph of European-American civilization over savagery. Boarding schools took before-and-after pictures of Indian children, first arriving in tribal dress and then arrayed in the... 2012
Gil Gott , Sumi Cho Cluster Introduction: Culture, Knowledge, Law, and Community Countering "New Sovereignty" with Knowledge 22 Berkeley La Raza Law Journal 67 (2012) Sovereignty, as used in this introduction to the cluster of articles on Culture, Knowledge, Law and Community, refers to a form of both social identity and political organization. We use the concept of sovereignty and new sovereignty to provide a broader lens through which to analyze the set of articles in this cluster addressing topical issues; Search Snippet: ...explain the contrast with U.S. indigenous--the impact that governmental Indian boarding school policies of the 1800s have had in forcing Indian children and youth to discard tribal attire and to adopt required... 2012
Paula Polasky Customary Adoptions for Non-indian Children: Borrowing from Tribal Traditions to Encourage Permanency for Legal Orphans Through Bypassing Termination of Parental Rights 30 Law & Inequality: A Journal of Theory and Practice 401 (Summer 2012) In second grade I learned the word precious. Seeing the definition for the first time, I was overcome with a longing to be precious to somebody. Dear. Beloved. Of great value. I spent my childhood in a series of about 30 placements in foster homes, kinship care, shelter care, correctional institutions, treatment facilities, and group homes. Over; Search Snippet: ...Theory and Practice Summer 2012 Articles CUSTOMARY ADOPTIONS FOR NON- INDIAN CHILDREN: BORROWING FROM TRIBAL TRADITIONS TO ENCOURAGE PERMANENCY FOR LEGAL ORPHANS... 2012
Lindsey Trainor Golden Embracing Tribal Sovereignty to Eliminate Criminal Jurisdiction Chaos 45 University of Michigan Journal of Law Reform 1039 (Summer 2012) American Indians living on reservations experience some of the highest crime rates in the United States. Reservations endure violent crimes, including assault, domestic violence, and rape, at rates 2.5 times higher than the national average. These crimes have an especially strong impact on Indian women: nearly three out of five Indian women are; Search Snippet: ...Indian tribes in 1871. [FN33] The federal government also forced Indian children to attend boarding schools. [FN34] These schools were often located far from reservations and had policies intended to assimilate Indian children into Anglo-American culture, such as forcing them to cut... 2012
Angela R. Riley Indians and Guns 100 Georgetown Law Journal 1675 (June, 2012) C1-3Table of Contents L1-2Introduction . L31676 I. Indians and Guns from Contact to Citizenship. 1681 a. indians and guns in the colonial period. 1685 b. indian nations, the constitution, and ratification of the second amendment. 1693 c. the indian as (reservation) citizen. 1701 II. The Indian Civil Rights Act and the Disappearing Second Amendment; Search Snippet: assert their treaty rights. [FN239] The massive removal of Indian children into Indian boarding schools that had begun in earnest in the 1800s to kill the Indian, save the man continued, with the number of enrollees peaking... 2012
Rebecca Tsosie Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights 87 Washington Law Review 1133 (December, 2012) Abstract: This Article explores the use of science as a tool of public policy and examines how science policy impacts indigenous peoples in the areas of environmental protection, public health, and repatriation. Professor Tsosie draws on Miranda Fricker's account of epistemic injustice to show how indigenous peoples have been harmed by the; Search Snippet: ...until 1924. [FN226] This meant that the federal policies banning Native religion or forcibly removing Indian children to federal military-style boarding schools were permissible as secular policies of civilization applied to... 2012
Koral E. Fusselman Native American Health Care: Is the Indian Health Care Reauthorization and Improvement Act of 2009 Enough to Address Persistent Health Problems Within the Native American Community? 18 Washington and Lee Journal of Civil Rights and Social Justice 389 (Spring, 2012) Introduction. 390 I. Origins of the Federal Government's Obligation for Indian Health Care. 394 A. Historical Foundations. 394 B. Indian Health Care Improvement Act of 1976 and Subsequent Amendments. 396 II. Problems Plaguing Native Populations. 400 A. High Vacancy Rates of Health Practitioners. 400 B. High Rates of Diabetes. 402 C. Behavioral; Search Snippet: ...process of Americanization began in the seventeenth century. [FN202] As Native American children were forced into boarding schools, elements of their identities and heritage [were] systematically and... 2012
Bret D. Asbury , Kevin Woodson On the Need for Public Boarding Schools 47 Georgia Law Review 113 (Fall, 2012) I. Introduction. 115 II. Limitations of Previous Reform Efforts. 122 A. THE INADEQUACY OF SCHOOL-FINANCE LITIGATION. 123 B. TESTING, SCAPEGOATING, AND EDUCATIONAL JUSTICE ON THE CHEAP. 126 III. Disadvantages Outside The Schoolhouse Door. 130 A. HOME LIFE. 132 B. THE ACUTE DANGERS AND DISADVANTAGES OF GROWING UP IN POOR NEIGHBORHOODS. 139 IV. KIPP; Search Snippet: ...Precedent. Critics of our proposal might object to a public- boarding-school model for educating young children from disadvantaged communities by... 2012
Allison M. Dussias Protecting Pocahontas's World: the Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project 36 American Indian Law Review Rev. 1 (2012) I. Introduction. 3 II. The Past Is Always with Us: Mattaponi Dispossession and Persistence. 6 A. Envisioning Pocahontas's World. 8 1. Water. 11 2. Fish. 15 3. Land. 17 B. Dispossessing the Powhatan Tribes. 20 1. Claims to Land, Maize, and People. 21 2. Treaties and Reservations. 27 C. Perseverance, Adaptation, and Survival. 33 1. The Eighteenth; Search Snippet: the certificates. [FN305] He pressured school superintendents to remove Indian children from white schools, [FN306] and attempted (usually without success) to... 2012
Marcia Yablon-Zug Separation, Deportation, Termination 32 Boston College Journal of Law & Social Justice 63 (Winter, 2012) Abstract: There is a growing practice of separating immigrant children from their deportable parents. Parental fitness is no longer the standard with regard to undocumented immigrant parents. Increasingly, fit undocumented parents must convince courts and welfare agencies that continuing or resuming parental custody is in their child's best; Search Snippet: ...iteration of this phenomenon. [FN296] B. Best Interest Considerations and Indian Children The history of separating Indian children from their parents provides a compelling example of how biases... 2012
Kathleen Sands Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases 36 American Indian Law Review 253 (2012) In two trilogies of Supreme Court decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). The second; Search Snippet: ...took on especially aggressive aspects, including the forced placement of Indian children into English-only boarding schools, [FN155] and the criminalization of Native American ceremonies (the latter of which resulted in the Wounded... 2012
Matthew L.M. Fletcher Tribal Consent 8 Stanford Journal of Civil Rights & Civil Liberties 45 (April, 2012) I. Tribal Consent Prior to the Modern Era of Indian Affairs (1789-1959). 55 A. The Non-Consensual Incorporation of Indian Tribes into the American Polity. 55 B. Exclusion of Indian Tribes. 57 C. Living with (and Incorporating) Indian Tribes. 64 II. Theories of Federal Control over Indian Affairs. 73 A. A Quick History of the Rise of Congressional; Search Snippet: ...original homelands. [FN121] Coupled with aggressive cultural attacks such as boarding schools, [FN122] and through immersion in large numbers of non- Indians, many of these tribal communities (mostly those in Michigan) were... 2012
Megan Scanlon From Theory to Practice: Incorporating the "Active Efforts" Requirement in Indian Child Welfare Act Proceedings 43 Arizona State Law Journal 629 (Summer 2011) Poverty, poor housing, lack of modern plumbing, and overcrowding are often cited by social workers as proof of parental neglect and are used as grounds for beginning custody proceedings. In a recent California case, the State tried to apply poverty as a standard against a Rosebud Sioux mother and child. At the mother's bidding, the child's aunt; Search Snippet: ...FROM THEORY TO PRACTICE: INCORPORATING THE ACTIVE EFFORTS REQUIREMENT IN INDIAN CHILD WELFARE ACT PROCEEDINGS Megan Scanlon [FNa1] Copyright (c) 2011 Arizona... 2011
Samuel E. Ennis Implicit Divestiture and the Supreme Court's (Re)construction of the Indian Canons 35 Vermont Law Review 623 (Spring, 2011) Taken together, the Indian canons of construction and the doctrine of implicit divestiture seem paradoxical. On the one hand, the Indian canons, rules of statutory construction originally developed to protect Indian tribes from unscrupulously drafted statutes and treaties, protect tribal sovereignty against non-Indian encroachment. On the other,; Search Snippet: ...a long and tumultuous history. Essentially, the U.S. government took Indian children from their families and placed them into federally administered boarding schools where they were forced to dress, talk, and act... 2011
Carol Juneau , Denise Juneau Indian Education for All: Montana's Constitution at Work in Our Schools 72 Montana Law Review 111 (Winter 2011) Montana is a leader in education in many respects. The Montana Constitution requires a quality education for all Montana citizens and guarantees educational opportunity for all students regardless of their geographical location, economic status, or heritage. However, Montana is particularly notable across the country for having a constitutional; Search Snippet: ...that effort failed, the federal government set up off-reservation boarding schools to civilize Indian children by taking away all remnants of their culture through removal... 2011
Cheyañna L. Jaffke Judicial Indifference: Why Does the "Existing Indian Family" Exception to the Indian Child Welfare Act Continue to Endure? 38 Western State University Law Review 127 (Spring 2011) I. Introduction II. The Remedy for Judicial Ignorance: The Indian Child Welfare Act and Its History. 129 A. The Need for the Indian Child Welfare Act. 129 B. The Indian Child Welfare Act. 131 C. The Application of the Indian Child Welfare Act. 134 D. The Indian Child Welfare Act Is Still Necessary. 135 E. The existing Indian family Exception. 136; Search Snippet: ...INDIFFERENCE: WHY DOES THE EXISTING INDIAN FAMILY EXCEPTION TO THE INDIAN CHILD WELFARE ACT CONTINUE TO ENDURE? Cheyañna L. Jaffke [FN1] Copyright... 2011
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
Tim Connors Our Children Are Sacred 50 Judges' Journal 33 (Spring, 2011) Seven generations ago someone was praying for us. We are the answer to their prayers. We take this responsibility seriously. When you are working with our children, it is sacred work. Our children are sacred. My mother Donna Lou was born in 1939. She and her family lived on Beaver Island in Michigan. After my grandmother died, my mother was; Search Snippet: ...Journal Spring, 2011 Feature OUR CHILDREN ARE SACRED Why the Indian Child Welfare Act Matters Judge Tim Connors [FNa1] Copyright © 2011 by... 2011
Jean Stefancic Talk the Talk, but Walk the Walk: a Comment on Joan Williams's Reshaping the Work-family Debate 34 Seattle University Law Review 815 (Spring, 2011) Every morning, newspapers bring reports of fresh disasters suffered by America's workers. Intractable unemployment, outsourcing, temporary work, corporate bonuses and profit-taking, a business-oriented Supreme Court --all have taken a toll on workers of every class. Joan Williams commendably wishes to change America's shabby treatment of parents in; Search Snippet: ...children separately from their parents. [FN36] The government set up boarding schools for Indian children that separated them not only from their parents, but also... 2011
Robert J. Miller The International Law of Colonialism: a Comparative Analysis 15 Lewis & Clark Law Review 847 (Winter, 2011) The majority of the non-European world was colonized under an international law that is known as the Doctrine of Discovery. Under this legal principle, European countries claimed superior rights over Indigenous nations. When European explorers planted flags and religious symbols in the lands of native peoples, they were making legal claims of; Search Snippet: ...over the operation of many reservations and the education of Indian children to Christian denominations, and even granted tribal lands to churches... 2011
Addie C. Rolnick The Promise of Mancari: Indian Political Rights as Racial Remedy 86 New York University Law Review 958 (October, 2011) In 1974, the Supreme Court declared that an Indian employment preference was based on a political rather than racial classification. The Court's framing of Indianness as a political matter and its positioning of political and racial as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about; Search Snippet: ...United States and white cultural practices. [FN100] During this time, Indian children were also sent to federally-sponsored boarding schools designed to kill the Indian in him and save the man, [FN101] where they were... 2011
Bethany R. Berger Williams V. Lee and the Debate over Indian Equality 109 Michigan Law Review 1463 (June, 2011) Williams v. Lee (1959) created a bridge between century-old affirmations of the immunity of Indian territories from state jurisdiction and the tribal self-determination policy of the twentieth century. It has been called the first case in the modern era of federal Indian law. Although no one has written a history of the case, it is generally; Search Snippet: ...This Part describes this progression. By the twentieth century, American Indians had experienced centuries of efforts to separate them from their... 2011
Heidi McNeil Staudenmaier , Ruth K. Khalsa A Post-carcieri Vocabulary Exercise: What If "Now" Really Means "Then"? 1 UNLV Gaming Law Journal 39 (Spring 2010) When the Indian Reorganization Act (IRA) was passed in 1934, it officially defined an Indian as a member of a recognized tribe now under federal jurisdiction. For nearly three-quarters of a century, this definition of an Indian and an Indian tribe--hallmarked by the four-word phrase now under federal jurisdiction-- guided federal policy and; Search Snippet: ...proponent of assimilation-through-education and the founder of the Indian boarding school movement, touted the principle of kill the Indian and save the man, denoting his utter contempt for native traditions, beliefs, and practices and his conviction that, by removing Indian children from their tribal environments and steeping them in the ways... 2010
Margaret P. Moss American Indian Health Disparities: by the Sufferance of Congress? 32 Hamline Journal of Public Law and Policy 59 (Fall 2010) The sovereignty that the Indian tribes retain is of a unique and limited character. It exists only at the sufferance of Congress and is subject to complete defeasance. A seminal question for consideration in American Indian health is: To what extent has the unique political history of American Indians played a part in their health status as; Search Snippet: ...FN43] It was during this time and beyond that the Indian boarding schools were used to assimilate young children. [FN44] The Indian... 2010
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