AuthorTitleCitationSummaryYearKey Term
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  
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  
Isabella Timmermans Native American Self-determination as Affected by Educational Funding and its Sources 29 Idaho Law Review 185 (1992/1993) I. INTRODUCTION II. PROBLEMS LEADING TO THE EMERGENCE OF THE IDEAL OF SELF-DETERMINATION AS FEDERAL POLICY A. The Existence of Federal Trust Obligations to Educate Native Americans B. Examples of Federal Doctrines and Policies and Their Impact on Native American Life 1. Negative Policies and Impacts a. Termination Act b. General Allotment Act c; Search Snippet: ...rise to a legally enforceable federal obligation to assure that Indian children are provided an equal educational opportunity by either the state... 1993  
Angela R. Riley Native Nations and the Constitution: an Inquiry into "Extra-constitutionality" 130 Harvard Law Review Forum 173 (April, 2017) Federal Indian law is oftentimes characterized as a niche and discrete area of law, but this depiction really misstates the breadth and relevance of the field. Federal Indian law is a horizontal subject: virtually every area of law in the American canon has an Indian law component: taxation, water rights, civil and criminal jurisdiction, labor; Search Snippet: ...vast body of scholarship has detailed the wrongs committed against Indian people: broken treaties, land dispossession, genocide, disease, bounties placed on Indian skins, abusive boarding schools, religious persecution, denial of voting rights, and removal of Indian children from Indian homes (among other things) were all promoted by American law... 2017  
Noelle N. Wyman NATIVE VOTING POWER: ENHANCING TRIBAL SOVEREIGNTY IN FEDERAL ELECTIONS 132 Yale Law Journal 861 (January, 2023) Members of tribal nations are disproportionately burdened by barriers to voting, from strict voter identification and registration requirements to inadequate language assistance and inaccessible polling locations. Restrictive voting laws are on the rise, while the avenues for challenging them under the prevailing model of voting rights are... 2023  
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  
Jana M. Berger , Paula M. Fisher , Partner, Foley & Mansfield PLLP, Owner, Paula M. Fisher, Attorney at Law PC Navigating Tribal Membership Enrollment Issues 2013 Aspatore 2136514 (April, 2013) Membership issues, meaning the exclusion of individuals from, or the enrollment or disenrollment of individuals with, a Native American tribe, significantly impact tribal nations. Since the inception of the United States, Native Americans were subjected to the whims and fancies of state and federal political agendas, left to wither away as a; Search Snippet: ...a culture--as a people. Years of forced assimilation and boarding school atrocities, where Native American children were disbanded from their families, stuffed into socially... 2013  
Rebecca Tsosie Negotiating Economic Survival: the Consent Principle and Tribal-state Compacts under the Indian Gaming Regulatory Act 29 Arizona State Law Journal 25 (Spring, 1997) I. Introduction. 26 II. Historical Look at the Consent Principle. 29 III. The Contemporary Application of the Consent Principle. 33 A. Negotiated Agreements Between States and Tribes in Natural Resources Disputes. 34 B. The Indian Gaming Regulatory Act and the Consent Principle. 43 1. The Nature of Tribal Gaming Rights. 43 2. The Impact of the IGRA; Search Snippet: ...divided among several reservations where they could be subdued. [FN27] Indian children were sent to distant boarding schools and forbidden to speak their native languages. [FN28] The federal government authorized Christian missionaries to serve... 1997  
Family Law Quarterly 2022-23 Editors, New York Law School NEW FAMILY LAW STATUTES IN 2022: SELECTED STATE LEGISLATION 56 Family Law Quarterly 299 (2022-2023) This article provides summaries and context for 35 changes to family law that were enacted in 2022 by legislatures in 23 states. The topics include Child Custody, Nonparent Custody and Visitation, Child Representation and Child Welfare, Divorce and Alimony/Maintenance, Property Division, Child Support, Parentage, and Domestic Violence. These... 2023  
Beth A. Lauck , Courtney L.A. Roelandts NEW MINOR GUARDIANSHIP LAW: CHANGING CHILDREN'S LIVES 94-JAN Wisconsin Lawyer 16 (January, 2021) A law enacted in February 2020 moves private minor guardianships of the person from Wis. Stat. chapter 54 to Wis. Stat. chapter 48 [the Children's Code], specifically Wis. Stat. section 48.9795, and expands the types of private minor guardianships available to better meet the needs of children and families. Chapter 54 either does not address or had... 2021  
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  
Leo I. Brisbois Nine Days in June: Shaping Our Future; Valuing Our past 67-MAR Bench and Bar of Minnesota Minn. 6 (March, 2010) Boozhoo Niijii; Gdinimikoon. Hello, Friend; I greet you in a good way. Well into the first half of the 20th century, American Indian communities, the Ojibwe/Anishinaabe among them, tragically endured the often forced removal of children from their homes, sometimes for years. These children routinely were sent half-way across the continent to; Search Snippet: ...children routinely were sent half-way across the continent to boarding schools to be taught how not to be Indian. My own paternal grandparents were sent to boarding schools in Carlisle, PA, and Flandreau, SD. The Ojibwe/Anishinaabe... 2010  
Simone Lieban Levine NOT A GIRL, NOT YET A WOMAN: THE LEGAL LIMBO OF BEING A PARENT BEFORE BECOMING AN ADULT 37 Berkeley Journal of Gender, Law & Justice 75 (2022) Introduction. 76 I. The Reality of Underage Pregnancy. 80 A. Babies Having Babies: Blame, Shame, and Social Policy. 81 B. Putting It in Perspective: Statistics Related to Young Parenthood. 83 1. Social Outcomes for Young Parents and Their Children. 84 2. Birth Rates According to Age and Race. 85 3. Young Parenthood and Medical Care, Poverty, and... 2022  
Sarah Krakoff Not Yet America's Best Idea: Law, Inequality, and Grand Canyon National Park 91 University of Colorado Law Review 559 (Spring, 2020) Absolutely American, absolutely democratic, they reflect us at our best rather than our worst .. The national park idea, the best idea we ever had. --Wallace Stegner [P]arks are not America's best idea .. The best idea language has the potential to alienate more people than it attracts .. If asked to choose between the Grand Canyon or a; Search Snippet: ...desire to impose assimilationist policies on the Hopi. Specifically, federal Indian agent J.H. Fleming wanted clear authority to force Hopi families to send their children to distant boarding schools. [FN265] Further, the Executive Order stated that the reservation... 2020  
Carole Goldberg-Ambrose Of Native Americans and Tribal Members: the Impact of Law on Indian Group Life 28 Law and Society Review 1123 (1994) Law has influenced the shape of Indian group life by providing economic or political incentives for groups to organize along particular lines, by forcing groups into closer proximity with one another or separating them, and by creating an official vocabulary for the discussion of group life. The most striking effect of law has been to focus the; Search Snippet: ...regulation (Clean Air Act), gaming (Indian Gaming Regulatory Act), and Indian child welfare ( Indian Child Welfare Act). But these supportive actions have occurred within carefully... 1994  
Alexis A. Lury Official Insignia, Culture, and Native Americans: an Analysis of Whether Current United States Trademark Law Should Be Changed to Prevent the Registration of Official Tribal Insignia 1 Chicago-Kent Journal of Intellectual Property 137 (Fall, 1999) The United States is a multinational and multicultural country. As such, the United States must constantly balance the interests of the numerous cultural, ethnic, political and racial groups that exist within its borders. However, differences exist even within each of these groups. Of particular concern to the United States and its people are the; Search Snippet: ...established by a former military officer. Its philosophy of separating Indian children totally from their Indian environment and forcing them to adopt white ways became the basis for a widescale [sic] boarding school movement that eventually removed thousands of Indian children from their cultural settings and families Everything Indian came under attack. Indian feasts, languages, certain marriage practices, dances... 1999  
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  
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 Boarding School
Hon. Donna M. Loring , Hon. Eric M. Mehnert , Joseph G.E. Gousse, Esq. ONE NATION, UNDER FRAUD: A REMONSTRANCE 75 Maine Law Review 241 (June, 2023) Abstract Introduction I. A River Runs Through It: An Historical Contextual Analysis of Tribal-Euromerican Relations--Statehood, Feeding the Lumber Boom, and the Theft of the Four TownshipsS (1820-1842) A. The Theft of the Four Townships: Fraudulent Dispossession of the Penobscot People B. The Lumber Boom and Maine's Rise to Economic Dominance II. A... 2023  
Suzianne D. Painter-Thorne One Step Forward, Two Giant Steps Back: How the "Existing Indian Family" Exception (Re)imposes Anglo American Legal Values on American Indian Tribes to the Detriment of Cultural Autonomy 33 American Indian Law Review 329 (2008-2009) This article describes the profound changes to American Indian kinship and social structures caused when European and Anglo American legal norms were imposed on American Indian tribes without respect for Indian culture or values. Although these sovereign nations were entitled to self-determination, they were for centuries subjected to laws crafted; Search Snippet: ...table and have them recognized in laws such as the Indian Child Welfare Act. But that progress has been short-lived. State... 2009  
Shanna C. Knight OREGON'S NEW INDIAN CHILD WELFARE ACT: HIGHLIGHTS FOR IDAHO PRACTITIONERS 65-FEB Advocate 22 (February, 2022) As an Idaho practitioner, unless you represent a tribe, you might be wondering why you should care about Oregon's new Indian Child Welfare Act (ORICWA). After all, Idaho practitioners are already required to follow the federal Indian Child Welfare Act (ICWA). If so, I would answer first that Oregon's new law demonstrates best practices that... 2022 Child Welfare
Juliana Moraes Liu Orphanages by Another Name 30-FALL Kansas Journal of Law & Public Policy 83 (Fall, 2020) Orphanages were a dominant part of the American child welfare landscape in the late-nineteenth and early-twentieth centuries. By 1900, nearly 1,000 orphanages housed approximately 100,000 children in the United States. Orphanages have been widely criticized over the years for their institutionalized treatment of children and their lasting effects; Search Snippet: neglect or abandonment where none exists. [FN149] Until the Indian Child Welfare Act of 1978 created legal barriers to prevent children... 2020  
Kurt Mundorff Other Peoples' Children: a Textual and Contextual Interpretation of the Genocide Convention, Article 2(e) 50 Harvard International Law Journal 61 (Winter 2009) The 1948 Genocide Convention, Article 2(e) declares that the forcible transfer of children from a protected group to another group is an act that amounts to genocide when it is conducted with intent to destroy the group, as such, at least in part. Although listed co-equally with mass killing and forced sterilizations, and despite what appear; Search Snippet: ...groups. Finally, this Article highlights several programs, including the American Indian boarding school program and Australia's Aboriginal removal programs, and argues that... 2009  
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  
Ruthann Robson Our Children: Kids of Queer Parents & Kids Who Are Queer: Looking at Sexual Minority Rights from a Different Perspective 64 Albany Law Review 915 (2001) Much of the conservative right's rhetoric in the realm of minority sexualities has focused on children. Drawing on themes of disease and seduction, Christian fundamentalists have portrayed gay men and lesbians as predators who target children, hoping to seduce them into a life of depravity and disease. As Jeffrey Weeks noted many years ago, it; Search Snippet: ...American children was finally addressed by Congress, resulting in the Indian Child Welfare Act of 1978. [FN49] Meanwhile, the persecution of sexual... 2001  
Marian E. Saksena Out-of-home Placements for Abused, Neglected, and Dependent Children in Minnesota: a Historical Perspective 32 William Mitchell Law Review 1007 (2006) I. Introduction. 1007 II. Social Background. 1009 III. Orphanages. 1011 A. Private, Non-Sectarian Orphanages: Washburn Memorial Orphan Asylum. 1014 B. Private, Non-Sectarian, Culturally Specific Orphanages: Crispus Attucks Colored Orphanage and Old Folks Home. 1017 C. Public Orphanages: Minnesota State Public School for Dependent and Neglected; Search Snippet: ...Private Religious Orphanages: St. Josesph's Home for Children 1029 IV. Indian Boarding Schools 1033 V. Orphan Trains 1040 VI. Paid Foster Homes... 2006  
Angela R. Riley , Kristen A. Carpenter Owning Red: a Theory of Indian (Cultural) Appropriation 94 Texas Law Review 859 (April, 2016) In a number of recent controversies, from sports teams' use of Indian mascots to the federal government's desecration of sacred sites, American Indians have lodged charges of cultural appropriation or the unauthorized use by members of one group of the cultural expressions and resources of another. While these and other incidents make; Search Snippet: ...another innovation in 1697: the Commonwealth awarded bounties for killing Indian children under the age of ten. [FN61] Eventually, [p]olicymakers offered bounties... 2016  
Kari E. Hong Parens Patri[archy]: Adoption, Eugenics, and Same-sex Couples 40 California Western Law Review Rev. 1 (Fall 2003) Introduction. 2 I. Historical Overview of Adoption Placement Practices in the United States. 11 A. Early History of Adoption in the United States: From Private Bills to Orphan Trains. 12 B. The Fall and Rise of Adoption: Eugenics to the Cold War. 19 C. Historical Examination of Contemporary Justifications for Adoption Bans. 31 1. Indian Child; Search Snippet: ...Historical Examination of Contemporary Justifications for Adoption Bans 31 1. Indian Child Welfare Act: Superiority of Nuclear Family and Proper Gender Role... 2003  
Kevin Noble Maillard Parental Ratification: Legal Manifestations of Cultural Authenticity in Cross-racial Adoption 28 American Indian Law Review 107 (2003/2004) The question Who is Indian? marks a standard subject of academic inquiry, but to ask who decides and how is much more interesting. In Indian country, state and tribal standards for determining Indian may belie personal and private definitions of identity. While I believe that identity should be self-defined, the unavoidable truth persists; Search Snippet: ...Following the standards established by the federal government in the Indian Child Welfare Act (ICWA), [FN1] state courts have held that being... 2004  
S. Lisa Washington PATHOLOGY LOGICS 117 Northwestern University Law Review 1523 (2023) Abstract--Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize... 2023  
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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