AuthorTitleCitationSummaryYearKey Term
The Editorial Staff of the University of La Verne Law Review A Selective Bibliographic Index of Juvenile Law Publications 30 University of La Verne Law Review 216 (November, 2008) The following is a selective compilation of articles published in law reviews and legal journals from 2007 through October 22, 2008, available on Westlaw and LexisNexis. Articles selected for inclusion under general topics pertain specifically to juveniles. Articles focusing on college and university law have been omitted. Each topic has been; Search Snippet: ...Amina, Comment, The Battle of Wills: The Impact of the Indian Child Welfare Act on Parents Who Make Testamentary Appointments of Guardianship for Their Indian Children, 28 J. Juv. L. 148 (2007) Monopoli, Paula A., Nonmarital... 2008  
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  
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  
Vine Deloria, Jr. A Walk on the Inside 71 University of Colorado Law Review 397 (Spring 2000) We are taught that attorneys are officers of the court, and we like to think of ourselves as representatives of the law. But how do we represent the law? To what degree does it become part of ourselves, allowing us to look back on our lives and see that we have become an integral participant in the legal process in the most positive fashion? And; Search Snippet: ...broken that idea into pieces by enticing, and then kidnapping, Indian children to its off-reservation boarding schools, by depriving parents of rations due to them under... 2000  
Preston Sanchez, Esq. , Rebecca Blum Martinez, PhD. A Watershed Moment in the Education of American Indians: a Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools 27 American University Journal of Gender, Social Policy and the Law 183 (2019) I. A Look at New Mexico: Politics, Demographics, Culture, and Student Outcomes. 185 A. Political Climate. 186 B. Demographics. 187 C. Unique Cultural and Linguistic Needs of New Mexico Students:. 189 D. Student Outcomes. 192 II. A Historical Overview of Systemic Discrimination and Forced Assimilation of American Indians. 195 A. The Current Impact; Search Snippet: ...Territorial period would include provisions for the education of American Indian children. [FN62] Furthermore, emanating from the Doctrine of Manifest Destiny came... 2019  
Preston Sanchez, Esq. , Rebecca Blum Martinez, PhD. A Watershed Moment in the Education of American Indians: a Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools 27 American University Journal of Gender, Social Policy and the Law 317 (2019) I. A Look at New Mexico: Politics, Demographics, Culture, and Student Outcomes. 319 A. Political Climate. 320 B. Demographics. 321 C. Unique Cultural and Linguistic Needs of New Mexico Students:. 323 D. Student Outcomes. 326 II. A Historical Overview of Systemic Discrimination and Forced Assimilation of American Indians. 329 A. The Current Impact; Search Snippet: ...Territorial period would include provisions for the education of American Indian children. [FN62] Furthermore, emanating from the Doctrine of Manifest Destiny came... 2019  
Lisa Kelly ABOLITION OR REFORM: CONFRONTING THE SYMBIOTIC RELATIONSHIP BETWEEN "CHILD WELFARE" AND THE CARCERAL STATE 17 Stanford Journal of Civil Rights & Civil Liberties 255 (June, 2021) The child welfare system and the carceral state are engaged in a symbiotic relationship that shares many of the same hallmarks of surveillance, violence, and control of Black people. Just as police have been shown to inflict violence on Black people in the name of community safety, so too child welfare inflicts deep and lasting harms,... 2021 Child Welfare
Theresa Rocha Beardall, J.D., Ph.D. , Frank Edwards, Ph.D. ABOLITION, SETTLER COLONIALISM, AND THE PERSISTENT THREAT OF INDIAN CHILD WELFARE 11 Columbia Journal of Race and Law 533 (July, 2021) Family separation is a defining feature of the U.S. government's policy to forcibly assimilate and dismantle American Indian and Alaska Native (AIAN) tribal nations. The historical record catalogues the violence of this separation in several ways, including the mass displacement of Native children into boarding schools throughout the 19th century... 2021 Child Welfare
Michael J. Simpson Accommodating Indian Religions: the Proposed 1993 Amendment to the American Indian Religious Freedom Act 54 Montana Law Review 19 (Winter, 1993) In two cases decided in 1988 and 1990, Lyng v. Northwest Indian Cemetery Protective Ass'n and Employment Division of Oregon v. Smith, the United States Supreme Court severely restricted the protective scope of the free exercise clause of the First Amendment to the United States Constitution. In Lyng and Smith, the Court overruled more than; Search Snippet: ...penalties are provided. [FN50] Additionally, in an effort to destroy Indian culture, the federal government took Indian children from their parents and sent them far away to boarding schools for as long as eight years, during which time... 1993  
Rebecca Tsosie ACCOUNTABILITY FOR THE HARMS OF INDIGENOUS BOARDING SCHOOLS: THE CHALLENGE OF "HEALING THE PERSISTING WOUNDS" OF "HISTORIC INJUSTICE" 52 Southwestern Law Review 20 (2023) As the settler colonial nations that emerged from British colonization, the United States, Canada, and Australia share a dark history of forcible acculturation of Indigenous peoples. The histories of Canada and the United States, in particular, are closely linked. The two countries share an international border that separated several Indigenous... 2023  
Barbara Ann Atwood Achieving Permanency for American Indian and Alaska Native Children: Lessons from Tribal Traditions 37 Capital University Law Review 239 (Winter 2008) One of the many challenges facing the American child welfare system is the need for practices that are responsive to the unique cultural needs of the children who are placed in foster care. The goal of achieving permanent, stable placements for children in the child welfare system is an over-arching objective, but permanency is a chameleon term; Search Snippet: ...laws with contrasting approaches to permanency have particular relevance: the Indian Child Welfare Act of 1978 [FN4] (ICWA) and the Adoption and... 2008  
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  
Shreya A. Fadia Adopting "Biology Plus" in Federal Indian Law: Adoptive Couple V. Baby Girl's Refashioning of Icwa's Framework 114 Columbia Law Review 2007 (December, 2014) This Note argues that the Supreme Court's decision in Adoptive Couple v. Baby Girl creates an apparent tension in federal Indian law. The Court's characterization of the broader aims of the Indian Child Welfare Act of 1978 and of biology's role within it appears irreconcilable with previous interpretations of the Act--including the Court's own; Search Snippet: The Court's characterization of the broader aims of the Indian Child Welfare Act of 1978 and of biology's role within it... 2014  
Ashley Albert , Amy Mulzer ADOPTION CANNOT BE REFORMED 12 Columbia Journal of Race and Law 1 (July, 2022) I. Introduction. 2 II. Adoption as Family Regulation. 8 A. Child-Saving and the Creating of Legal Adoption. 10 B. Georgia Tann and the Development of Sealed Records. 14 C. The Baby Scoop Era. 16 D. The Rise of Transracial Adoption, the Modern Family Regulation System, and the Permanency Ideal. 18 1. The Indian Adoption Project. 18 2. The... 2022  
David E. Wilkins African Americans and Aboriginal Peoples: Similarities and Differences in Historical Experiences 90 Cornell Law Review 515 (January, 2005) In August of 2003, Harvard University hosted a major conference, organized by the Civil Rights Project, titled Segregation and Integration in America's Present and Future. The conference was appropriately subtitled the Color Lines Conference, in reference to W.E.B. Du Bois's classic 1903 study The Souls of Black Folk. This sprawling conference; Search Snippet: ...Indian religious practices and traditional forms of government, separation of Indian children from their homes, wholesale spoliation of treaty-guaranteed resources, forced... 2005  
Kathryn E. Fort AFTER BRACKEEN: FUNDING TRIBAL SYSTEMS 56 Family Law Quarterly 191 (2022-2023) The purpose of the Indian Child Welfare Act was to allow tribes to make decisions for their own families, rather than state courts and agencies. Again and again, tribal leaders stated that they knew what to do for their tribes. Lost in our current fights over ICWA in the Supreme Court is the history of tribal leaders trying to secure funding for... 2023  
Bethany Ruth Berger After Pocahontas: Indian Women and the Law, 1830 to 1934 21 American Indian Law Review Rev. 1 (1997) I. Introduction. 2 II. The Nineteenth Century and Indian Women: Federal Indian Policy and the Cult of True Womanhood. 6 III. Federal and State Governments and Indian Women: As Themselves, as Mothers, and as Wives. 12 A. The Beginning: Ladiga's Heirs and Indian Women in Their Own Right. 12 B. Indian Women as Wives and Mothers: Intermarriage and; Search Snippet: ...desert or semidesert. [FN28] The second step was cultural education Indian children were to be removed from their parents, purged of the... 1997  
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: Natives. [FN43] Such policies also led to Bureau of Indian Affairs (BIA) boarding schools which removed children from their families to teach them... 2019  
Kelly Monahan AGING OUT OF FOSTER CARE AND OVER THE SERVICE CLIFF: ANALYSIS OF THE FAMILY FIRST PREVENTION SERVICES ACT AND STATES' PARENS PATRIAE DUTY TO SUPPORT OLDER YOUTH IN AND AGING OUT OF FOSTER CARE 19 Rutgers Journal of Law & Public Policy 235 (Spring, 2022) In the U.S. today there are over 400,000 children and youth in foster care. In 2020, less than half of the children and youth discharged from foster care were reunified with their parents and approximately 20,000 young people aged out of foster care. Aging out refers to the transition to adulthood for older youth in foster care when no legal... 2022  
Verna C. Sánchez All Roads Are Good: Beyond the Lexicon of Christianity in Free Exercise Jurisprudence 8 Hastings Women's Law Journal 31 (Winter 1997) I studied under Grandpa Fools Crow, a Lakota holy man. He said never bad-mouth anybody, never be envious or jealous of anybody; if you are; you won't be on the right road yourself, cause all roads are good. --Abe Conklin Thou shalt have no other gods before me . . . for I the Lord thy God am a jealous God . . . . --Exodus I am the way, the truth,; Search Snippet: ...for example, the United States government continued to ban any Indian dances or feasts, and Indian children were forcibly removed from their families and sent to boarding schools, where church service was mandatory. [FN149] The official right... 1997  
Carl G. Hakansson Allotment at Pine Ridge Reservation: its Consequences and Alternative Remedies 73 North Dakota Law Review 231 (1997) Since European settlers first arrived in America, they have been faced with the dilemma of how to deal with the Native American Indians. In the United States, following colonial independence from England, the Constitution put Indian affairs in the hands of the federal government. The power of Congress to regulate commerce with the tribes and the; Search Snippet: ...begin the assimilation process as early as possible by sending Indian children to boarding schools, thus denying parents any opportunity to nurture their children... 1997  
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  
Delight E. Satter , Laura M. Mercer Kollar , Public Health Writing Group on Missing or Murdered Indigenous Persons, Debra O'Gara ‘Djik Sook’ , Senior Health Scientist, Centers for Disease Control and Prevention, Behavioral Scientist, Centers for Disease C AMERICAN INDIAN AND ALASKA NATIVE KNOWLEDGE AND PUBLIC HEALTH FOR THE PRIMARY PREVENTION OF MISSING OR MURDERED INDIGENOUS PERSONS 69 Department of Justice Journal of Federal Law and Practice 149 (March, 2021) Violence against American Indian and Alaska Native (AIAN) women, children, two-spirit individuals, men, and elders is a serious public health issue. Violence may result in death (homicide), and exposure to violence has lasting effects on the physical and mental health of individuals, including depression and anxiety, substance abuse, chronic and... 2021  
Raymond Cross American Indian Education: the Terror of History and the Nation's Debt to the Indian Peoples 21 University of Arkansas at Little Rock Law Review 941 (Summer, 1999) With an education, you become the White man's equal. Without it you remain his victim.- Crow Chief, Plenty Coups When God wanted to create the world, the conservative angels, with tears in their eyes, shouted to him, Lord, do not destroy chaos'. - Monsieur de Mere American Indian education, like the dismal state of the weather in Mark Twain's; Search Snippet: ...of American Indian education in the 1990's: over 10% of Indian children are not enrolled in any school; over 75% of Indian children are at least one grade behind in school; a disproportionate number of Indian children are diagnosed as having emotional disorders or are enrolled in... 1999  
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  
Robert D. Cooter , Wolfgang Fikentscher American Indian Law Codes: Pragmatic Law and Tribal Identity 56 American Journal of Comparative Law 29 (Winter 2008) The United States has recognized the power of American Indian tribes to make laws at least since 1934. Most tribes, however, did not write down many of their laws until the 1960s. Written laws have subsequently accumulated in well-organized codes, but scholars have not previously researched them. Using written materials and interviews with tribal; Search Snippet: ...although tribal law must harmonize with federal legislation, including the Indian Child Welfare Act, [FN46] Headstart, and other education-oriented legislation. [FN47... 2008  
Richard J. Ansson, Jr. American Indian Legal History and the American Indian Woman 21 American Indian Law Review 205 (1997) Changing Woman. By Karen Anderson. Oxford: Oxford University Press. 1996. Pp. 291. Changing Woman, by Karen Anderson, is a perspicuous book that yields a profoundly thorough, yet astoundingly thoughtful, insight into the historical aspects of federal Indian policy and the residual effect those policies have had on American Indian women; Search Snippet: ...the government sought to control the behavior of young American Indian children. Indeed, arguing that boarding schools were essential to acculturation, government officials began placing Indian children in such schools (p. 46). Young women, when the government... 1997  
John Rockwell Snowden , Wayne Tyndall , David Smith American Indian Sovereignty and Naturalization: It's a Race Thing 80 Nebraska Law Review 171 (2001) I. A Sketch of Naturalization in the United States. 176 A. The Historical Background of Naturalization in the United States. 176 1. English Roots: The Theory of Natural Allegiance. 176 2. The Colonial Experience: The Theory of Volitional Allegiance Emerges. 179 3. Defining the Qualifications for Naturalization After Independence. 181 B. Current; Search Snippet: ...established by the BIA to qualify for Federal benefits. Many Indian children whose parents met and married at off-reservation inter-tribal boarding schools got left out of tribal per capita payments and... 2001  
Carole Goldberg American Indians and "Preferential" Treatment 49 UCLA Law Review 943 (April, 2002) Preferences and benefits for American Indians predate the American policy of affirmative action and flow from different rationales. Nonetheless, Indian preferences are the latest targets in the battle against affirmative action. Opponents of Indian preferences and benefits have long deployed the rhetoric of equal rights to attack treaty rights and; Search Snippet: ...outsider. For other tribes, however, the provisions for non-member Indians reflect a realistic acceptance of past federal policies that have promoted intermarriage among tribes, such as the federal boarding school policy of the nineteenth and twentieth centuries. [FN104] In... 2002  
Robert Odawi Porter American Indians and the New Termination Era 16 Cornell Journal of Law & Public Policy 473 (Summer 2007) INTRODUCTION. 473 I. THE TRENDS. 477 II. THE OPPORTUNITIES. 484 III. ARE WE BEING SET UP?. 487 CONCLUSION. 492; Search Snippet: ...NIGC%20Uploads/Tribal%20Data/tribalgamingrevenues05.pdf. . See Russell Thornton, American Indian Holocaust and Survival (1987); David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience, 1875-1928 (1995). . See Joy A. Bilharz... 2007  
Matt Reynolds AMERICA'S LOST CHILDREN 108-JUL ABA Journal 42 (June/July, 2022) When researchers began the painstaking work of identifying Indigenous children who died at the Genoa U.S. Indian Industrial School in Nebraska, they kept making chilling discoveries. Although old newspaper clippings, student newsletters and death records revealed students had died of flu, complications from tuberculosis, measles, polio and... 2022  
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  
Affie B. Ellis AN "ENDURING PLACE" 46-OCT Wyoming Lawyer 20 (October, 2023) On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of tribal sovereignty and the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen. Congress enacted ICWA in 1978 to stop the forced assimilation of Native American children by putting in place several important safeguards that apply to adoption and foster... 2023  
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: a Tool for Cultural Protection: The Example of The Indian Child Welfare Act 978 3. Inadequacy of Existing Tangible Cultural Property... 2018  
Amanda B. Westphal An Argument in Favor of Abrogating the Use of the Best Interests of the Child Standard to Circumvent the Jurisdictional Provisions of the Indian Child Welfare Act in South Dakota. 49 South Dakota Law Review 107 (2003) The South Dakota Supreme Court has always recognized the needs of the children are paramount and that their best interests must prevail. However, in cases dealing with the Indian Child Welfare Act the South Dakota Supreme Court has the right answer but to the wrong question. Under ICWA, the question state court judges should be asking is not what; Search Snippet: ...THE CHILD STANDARD TO CIRCUMVENT THE JURISDICTIONAL PROVISIONS OF THE INDIAN CHILD WELFARE ACT IN SOUTH DAKOTA. Amanda B. Westphal Copyright ©... 2003 Child Welfare
Gerald L. “Jerry” Brown, ; Reeve Love, ; and Bradley Scott An Historical Overview of Indian Education and Four Generations of Desegregation 2 Journal of Gender, Race and Justice 407 (Spring 1999) From time immemorial, indigenous people of this country have established their own educational system in accordance with their cultural ways. Today several hundred Indian nations still exist in the United States. It is important to start with that backdrop in examining the issues discussed in this article. This article will present an historical; Search Snippet: ...the purpose of Indian education, or the mainstream education of Indian children, was to de-Indianize the children. [FN17] Boarding schools were developed, the most famous of which is probably Carlisle Indian School. [FN18] One assimilation strategy was to take children from... 1999  
David Wilkins An Inquiry into Indigenous Political Participation: Implications for Tribal Sovereignty 9-SUM Kansas Journal of Law & Public Policy 732 (Summer, 2000) When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to-tribal, state, and federal-we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only; Search Snippet: ...A number of issues were addressed including taxation, education, appropriations, Indian child welfare, senior citizens, environmental issues and especially Indian gaming. But... 2000  
Christine Basic (Fall 2003) An Overview of the Indian Child Welfare Act of 1978 16 Journal of Contemporary Legal Issues 345 (2007) Here I walk the road of beauty with my little one as we wear beautiful, beaded moccasins. Let the sunrays be on us, among the carpeted colors of flowers. My child and I will be recognized by our little tiny friends--animals, birds, and butterflies. My child and I will touch the clear water of coolness in the stream as we live. Ha ho ya tahey. My; Search Snippet: ...Part Four: Termination of Parental Rights AN OVERVIEW OF THE INDIAN CHILD WELFARE ACT OF 1978 Christine Basic (Fall 2003) Copyright ©... 2007 Child Welfare
Rita Sabina Mandosa Another Promise Broken 40 Federal Bar News and Journal 109 (February, 1993) We still need our line of warriors, but now they've got to be legal warriors. That's the war now, and it's the only way we're going to survive. Tiger O'Rourke Yurok Indian The American Indian Religious Freedom Act of 1978 (AIRFA) signaled an awakening of the national conscience to its long history of indifference, ignorance, and often violent; Search Snippet: ...essential for cultural survival. The well documented killings of friendly natives and of their buffalo, the land steals, the violated treaties, the forcible removal of Indian children to boarding schools for assimilation (i.e., conversion) all form the basis for... 1993  
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  
Elizabeth Newland AROUND THE WORLD: INDIGENOUS CHILDREN IN CANADA'S FOSTER CARE SYSTEM: BILL C-92 AND THE IMPORTANCE OF CULTURAL IDENTITY 42 Children's Legal Rights Journal 59 (2021) This article addresses the historical colonization of Indigenous people in Canada and how this is continued through the Canadian child welfare system. It will examine the history of colonialism of Indigenous children in Canada, specifically through the creation of residential schools, the increase of Indigenous children in foster care through the... 2021  
Carly Minsky AROUND THE WORLD: RECENT CHANGES TO INDIGENOUS CHILD WELFARE IN CANADA 41 Children's Legal Rights Journal 79 (2021) Like the United States, Canada has a long and checkered history with Indigenous peoples. Much of this history between the Indigenous peoples and the Canadian government centered around the government's attempt to civilize the Indigenous peoples according to European standards. One way in which both nations sought to decimate tribes of Indigenous... 2021 Child Welfare
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy; Search Snippet: ...genocidal and ecocidal policies of almost unimaginable proportions. Generations of Indian children have been forcibly removed from their families and imprisoned in boarding schools where they were stripped of their culture, traumatized, and... 2002  
Ruthann Robson Assimilation, Marriage, and Lesbian Liberation 75 Temple Law Review 709 (Winter 2002) I. Introduction. 710 II. Assimilation and Legal Culture. 712 A. The Dominant and Idealized Group. 715 B. The Coercive Nature of Assimilation. 717 C. The Constitutional Interests of Equality. 719 D. Both Assimilation and Anti-Assimilation Can Be Repressive. 722 E. Segregation and Separatism. 725 F. The Disagreement Within Communities. 727 III; Search Snippet: ...first occurred through explicit policies administered by the Bureau of Indian Affairs, which forced Native children to attend boarding schools for eight years, during which time the children were not permitted to speak their native language, wear native clothes or keep their hair long. [FN64] State welfare agencies... 2002  
Addie C. Rolnick ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION 11 Columbia Journal of Race and Law 811 (July, 2021) A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... 2021  
Natsu Taylor Saito At the Heart of the Law: Remedies for Massive Wrongs 27 Review of Litigation 281 (Winter 2008) I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300; Search Snippet: ...FN65] to outlaw spiritual and cultural practices; [FN66] to strip Indian children of the connections to their families, communities and traditions in... 2008  
James T. Campbell AURELIUS'S ARTICLE III REVISIONISM: REIMAGINING JUDICIAL ENGAGEMENT WITH THE INSULAR CASES AND "THE LAW OF THE TERRITORIES" 131 Yale Law Journal 2542 (June, 2022) The Supreme Court's unanimous decision upholding the appointments structure of Puerto Rico's controversial Financial Oversight and Management Board in FOMB v. Aurelius has, to date, yielded commentary fixated on what the Justices did not say. The bulk of that commentary criticizes the Court for declining to square up to and overturn the Insular... 2022  
J.D. Cooley Baby Girl's Fate: Adoptive Couple V. Baby Girl - Placing a Child's Chosen Parental Path in the Hands of the United States Supreme Court 8 Southern Journal of Policy and Justice 99 (Spring 2014) Imagine the following scenario: A young couple anxiously await the arrival of their baby girl. She may not be their child biologically, but they will love her all the same. The young couple has gone through all of the red tape and jumped through every legal and procedural hoop. They have even begun to purchase the things their baby girl will need; Search Snippet: ...The law at the center of this case is the Indian Child Welfare Act (ICWA). [FN23] Enacted in 1978, ICWA is a federal law that aims to keep American Indian children with American Indian families. [FN24] ICWA also sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of, or eligible for membership in... 2014  
Shannon M. Morris Baby Veronica Ruling: Implications for the Indian Child Welfare Act in Indian Child Removals and Adoptions to Non-indian Custodians 72 National Lawyers Guild Review Rev. 1 (Spring, 2015) Let us put our minds together and see what life we can make for our children. --Chief Sitting Bull In 1978, the Indian Child Welfare Act (ICWA) was enacted to prevent the biased treatment of Indian children and families by public and non-Indian private child welfare systems. The assimilation policies of the 1950s and 1960s were all designed to; Search Snippet: ...Guild Review Spring, 2015 BABY VERONICA RULING: IMPLICATIONS FOR THE INDIAN CHILD WELFARE ACT IN INDIAN CHILD REMOVALS AND ADOPTIONS TO NON-INDIAN CUSTODIANS Shannon M. Morris... 2015 Child Welfare
Nicole Russo BACK TO BASICS: THE SUPREME COURT'S RETURN TO FUNDAMENTAL PRINCIPLES OF FEDERAL INDIAN LAW IN MCGIRT v. OKLAHOMA AHEAD OF EQUAL PROTECTION CHALLENGE TO THE INDIAN CHILD WELFARE ACT OF 1978 55 Suffolk University Law Review 123 (2022) [T]he Supreme Court has been inattentive, flippant, and disrespectful of Indian rights, and has seen its task as one of finding arguments that will make actions by the other two branches appear legal. Many doctrines' have emerged over the course of 170 years of hearing Indian cases, but the various courts have felt no compulsion to follow... 2022 Child Welfare
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