| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| Assemblywoman Shea Backus |
INDIAN CHILD WELFARE ACT: UPHELD BY U.S. SUPREME COURT AND ENACTED INTO STATE LAW |
32-FEB Nevada Lawyer 21 (February, 2024) |
In 1978, Congress passed the Indian Child Welfare Act (ICWA) to respond to federal policy promoting removal of Indian children from their families. ICWA was established to protect the rights of Indian children and families in child welfare proceedings. The act recognizes the unique cultural heritage of tribes and seeks to preserve cultural... |
2024 |
Yes |
| Paul W. Stenzel |
INDIAN LAW IN WISCONSIN: A PRIMER |
97-JUN Wisconsin Lawyer 8 (June, 2024) |
Indian tribes are unique legal entities. This article provides an overview of the 11 federally recognized tribes in Wisconsin and their relationships to and with the federal and state governments and laws. From the time it was a territory and before, there have been Native people living in what is now the state of Wisconsin. One of the earliest... |
2024 |
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| Alex H. Serrurier |
INDIGENEITY IN THE CLASSROOM: AVENUES FOR NATIVE AMERICAN STUDENTS TO CHALLENGE ANTI-CRITICAL RACE THEORY LAWS |
57 Columbia Journal of Law and Social Problems 543 (2024) |
Native American students in public schools face barriers to educational achievement due to racism, prejudice, and ignorance from fellow students, teachers, and administrators. Native students have endured various forms of discrimination that range from forcible cutting of braids by peers to administrative bans on traditional regalia at graduation... |
2024 |
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| Kirsten Matoy Carlson |
JUSTICE BEYOND THE STATE |
41 Alaska Law Review 45 (December, 2024) |
For decades the intersectionality of extreme rurality and cultural difference has led scholars and tribal leaders to advocate for recognition of local authority as a solution to the justice gap in rural Alaska. Local control often means developing courts in and extending jurisdiction to Alaska Native villages. This Article evaluates strengthening... |
2024 |
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| Cynthia Godsoe |
KINSHIP CARE AND ADOPTION MYOPIA |
76 Rutgers University Law Review 689 (Spring, 2024) |
C1-2Table of Contents Introduction. 690 I. Adoption Myopia. 698 A. History of White Saviorism & Aiming to Recreate the Normative Mainstream Nuclear Family. 699 B. Narrow View of Permanency Equated with Adoption. 704 C. Federal Funding Prioritizing Adoption. 709 II. Ill-Fit & Harm to Kinship Families. 711 A. Adoption's Poor Fit. 712 1. Problematic... |
2024 |
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| Abigail Mitchell |
LEGALLY SANCTIONED TAKINGS OF BLACK CHILDREN: HOW SLAVERY REVERBERATES IN THE MODERN CHILD WELFARE SYSTEM |
26 Scholar: St. Mary's Law Review on Race and Social Justice 141 (2024) |
I. LEGALLY Sanctioned Family Separation of Enslaved Peoples. 145 A. Crafting Slavery: The Early Days. 145 B. Legislatively Sanctioned Separations. 146 C. Economics and Slavery. 147 D. Another Level of Legal Involvement: Court Sales. 148 E. Litigating Enslaved Family Separations. 149 F. Normative Frameworks Justifying Slavery and Family Preservation... |
2024 |
Yes |
| Fenja R. Schick-Malone |
LETTING THE KIDS RUN WILD: FREE-RANGE PARENTING AND THE (DE)REGULATION OF CHILD PROTECTIVE SERVICES |
81 Washington and Lee Law Review 387 (Winter, 2024) |
Families in the United States suffer from a removal epidemic. The child welfare framework allows unnecessary and harmful intervention into family and parenting matters, traditionally left to the discretion of the parent. Many states allow Child Protective Services (CPS) to investigate, intervene, and permanently separate a child from their... |
2024 |
Yes |
| Kris Goodwill |
MENOMINEE TERMINATION AND RESTORATION |
97-JUN Wisconsin Lawyer 14 (June, 2024) |
Because of changing federal policy regarding Indian tribes, federal statutes directed at specific tribes or all tribes, and ever-evolving case law, federal Indian law is very complex. This article focuses on the Menominee Indian Tribe's termination and restoration against the backdrop of federal governmental policy toward all tribes in the United... |
2024 |
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| Caroline Baltay |
MINORITY INDIGENOUS LANGUAGE RIGHTS LAWS: A COMPARATIVE STUDY |
38 Emory International Law Review 485 (2024) |
C1-2Table of Contents Introduction. 486 I. Linguistic Classifications. 487 A. Minority and Majority Languages. 487 B. Indigenous and Immigrant Languages. 488 C. Official Language Status. 490 II. Rationale for Language Rights and Protection. 491 A. Access to Other Human Rights. 492 B. Culture. 493 C. Education. 494 III. Levels of Linguistic Rights.... |
2024 |
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| Brett G. Roberts |
NATIVE AMERICANS IN THE CLUTCHES OF CATHOLICISM: HOW CATHOLICISM AND NATIVE RIGHTS CONNECT VIA NATURAL LAW IN A WORLD THAT WANTS YOU TO BELIEVE OTHERWISE |
22 Ave Maria Law Review 44 (Spring, 2024) |
Native American cultures and the good news are not two competing ideas. They can and do merge, as can be seen in how God's grace fulfills the lives of so many Native Americans. With a deeper understanding of the Native American Catholic communities, we, as a Church, are better able to unify both the faith and the cultures that guide Catholic... |
2024 |
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| Brynna Collins |
NATIVE NATIONS' AUTONOMY IN THE MODERN ERA |
29 Public Interest Law Reporter 250 (Spring, 2024) |
Over the course of the development of the United States, there were a total of 368 treaties signed between the United States and Native Nations. These treaties included agreements between the United States and the Native tribes to trade land in exchange for autonomy, recognition of sovereignty, and assistance of services. Most of these treaties... |
2024 |
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| Ndjuoh MehChu |
NEITHER COPS NOR CASEWORKERS: TRANSFORMING FAMILY POLICING THROUGH PARTICIPATORY BUDGETING |
104 Boston University Law Review 73 (February, 2024) |
A caseworker makes a home visit to a poor Black family under the guise of protecting the children in the household from suspected neglect. The caseworker investigates. They search the premises without a warrant, as the Fourth Amendment's restraints do not apply to them, even though they are state actors who replicate police power. The family's four... |
2024 |
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| Family Law Quarterly 2023-24 Editors, New York Law School |
NEW FAMILY LAW STATUTES IN 2023: SELECTED STATE LEGISLATION |
57 Family Law Quarterly 350 (2023-2024) |
By Alexa Gonzalez and Nora Kelly This article provides summaries and context for 31 changes to family law that were enacted in 2023 by legislatures in 26 states and the District of Columbia. The topics include (1) Child Custody and Visitation, (2) Nonparent Custody and Visitation, (3) Children's Representation, (4) Child Welfare, (5) Child Support,... |
2024 |
Yes |
| Troy A. Rule |
PRESERVING SACRED SITES AND PROPERTY LAW |
2024 Wisconsin Law Review 129 (2024) |
Should courts have the power to order the federal government to give land rights to particular groups based solely on their religious beliefs? Calls for legal rules requiring such effectual transfers have grown in recent years as Americans have started to confront the country's history of mistreatment of Native nations and other disadvantaged... |
2024 |
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| Katie Grace Graziano |
PROPER PARENTS, PROPER RELIEF |
99 Notre Dame Law Review 1821 (July, 2024) |
Indian children belong with Indian parents--or so says the Indian Child Welfare Act (ICWA). ICWA requires certain procedures for carrying out the adoption of an Indian child. Among those procedures is an explicit preference for Indian families over non-Indian families. The hierarchy is so strict that a court must prioritize placing a child with an... |
2024 |
Yes |
| Neoshia R. Roemer |
PROTECTING THOSE AMONG THE MOST VULNERABLE |
71-SPG Federal Lawyer 12 (Spring, 2024) |
On June 15, 2023, the U.S. Supreme Court affirmed the constitutionality of the Indian Child Welfare Act (ICWA) in a 7-2 decision in Haaland v. Brackeen. Without a doubt, Brackeen was a win for Indian Country because the Supreme Court's rebuke of these challenges demonstrated that ICWA's opponents have an uphill battle in undermining federal Indian... |
2024 |
Yes |
| Thalia González , Paige Joki |
REPRODUCING INEQUALITY: RACIAL CAPITALISM AND THE COST OF PUBLIC EDUCATION |
65 Boston College Law Review 317 (February, 2024) |
Introduction. 319 I. Education and Racial Capitalism. 334 II. Fines and Fees as a Modality of Racial Capitalism. 346 A. Methods. 347 B. Dispossession and Inequitable Access to Educational Opportunities. 349 C. Resource Extraction and Debt Creation. 352 D. Punishment. 355 III. Protecting Black Students and Families. 359 A. Every Student Succeeds... |
2024 |
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| Lauren van Schilfgaarde |
RESTORATIVE JUSTICE AS REGENERATIVE TRIBAL JURISDICTION |
112 California Law Review 103 (February, 2024) |
For more than a century, the United States has sought to restrict Tribal governments' powers over criminal law. These interventions have ranged from the imposition of federal jurisdiction over Indian country crimes to actively dismantling Tribal justice systems. Two particular moves--diminishing Tribal jurisdiction and imposing adversarial... |
2024 |
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| Nic Rossio , Judge Tim Connors , Margaret Kruse Connors , Justice Cheryl Demmert Fairbanks , Dr. William Hall , Brett Lee Shelton |
RESTRUCTURING AMERICAN LAW SCHOOLS: PEACEMAKING IN FIRST YEAR CURRICULUM |
69 Wayne Law Review 635 (Spring, 2024) |
I. Historical Context--What is Peacemaking?. 637 II. Peacemaking and Law School Curriculum. 644 A. Introduction. 644 B. The Current Approach: Law School's Reliance on Formalism.. 647 C. Rethinking Law Students' Assumed Tendency Toward Formalism. 652 D. The Potential of Peacemaking. 658 E. Conclusion. 667 III. Peacemaking at the Federal Level. 668... |
2024 |
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| M. Henry Ishitani , Alexandra Fay |
REVISING THE INDIAN PLENARY POWER DOCTRINE |
29 Michigan Journal of Race and Law 1 (Spring, 2024) |
The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagarna v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal sovereignty. The doctrine's legal basis remains a constitutional conundrum. This... |
2024 |
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| Patrick E. Reidy, C.S.C. |
SACRED EASEMENTS |
110 Virginia Law Review 833 (June, 2024) |
In the last forty years, Native American faith communities have struggled to protect their sacred sites using religious liberty law. When confronting threats to sacred lands, Native Americans stridently assert constitutional and statutory free exercise protections against public authorities. But unlike litigation involving non-Indian religious... |
2024 |
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| Bethany Berger |
SEPARATE, SOVEREIGN, AND SUBJUGATED: NATIVE CITIZENSHIP AND THE 1790 TRADE AND INTERCOURSE ACT |
65 William and Mary Law Review 1117 (April, 2024) |
In 1790, the same year Congress limited naturalization to free white persons, it also enacted the first Indian Trade and Intercourse Act. The Trade and Intercourse Act may have even stronger claims to super statute status than the Naturalization Act. Key provisions of the Trade and Intercourse Act remain in effect today, and the Act enshrined a... |
2024 |
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| Breanna K. Bollig |
STEPHEN C. v. BUREAU OF INDIAN EDUCATION: REINVIGORATING THE FEDERAL RIGHT TO EDUCATION FOR INDIAN CHILDREN |
71-SPG Federal Lawyer 62 (Spring, 2024) |
Today, there are 183 federally funded Bureau of Indian Education (BIE) schools that primarily serve Indian children who live on or near reservations. Despite Indian children having a federal right to education, however, BIE schools are in far worse conditions than state public schools. In addition to BIE school inadequacies, historical trauma... |
2024 |
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| Gabrielle Kolb, J.D. |
STUDENTS FOR FAIR ADMISSIONS, INC. v. UNIVERSITY OF NORTH CAROLINA AND HAALAND v. BRACKEEN: LESSONS ON THE FUTURE OF AFFIRMATIVE ACTION FOR NATIVE AMERICAN COLLEGE APPLICANTS |
20 University of Saint Thomas Law Journal 511 (Spring, 2024) |
In the summer of 2023, the United States Supreme Court decided two cases that may change the legal landscape for Native Americans hoping to benefit from affirmative action programs or tuition waiver programs in higher education. In the first case, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court... |
2024 |
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| Bailey Ruhm |
THE BEST INTERESTS OF THE CHILD BEYOND HAALAND v. BRACKEEN |
48 Law & Psychology Review 215 (2023-2024) |
C1-2Table of Contents I. Introduction. 216 II. Background of ICWA. 217 III. Facts of Haaland v. Brackeen. 218 IV. Procedural Process. 220 A. Majority Opinion. 221 B. Dissenting Opinion and Concern Around Child Well-Being. 222 V. Other ICWA Cases Implicating the Best Interests of the Child. 223 VI. Interplay between ICWA and a Child's Well-Being.... |
2024 |
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| M. Alexander Pearl |
THE CONSEQUENCES OF MYTHOLOGY: SUPREME COURT DECISIONMAKING IN INDIAN COUNTRY |
71 UCLA Law Review 6 (January, 2024) |
Ilanoli isht unowa. We tell our own stories. A single historical event has many stories. Although this nation's official chronicle expected and even hoped for Indigenous peoples to fade away, we are still here. Our histories are marked by resistance, survival, sovereignty, and renaissance. Only now, in the later stages of the American experiment,... |
2024 |
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| Robert J. Pushaw, Jr. |
THE COURT CONTINUES TO CONFUSE STANDING: THE PITFALLS OF FAUX ARTICLE III "ORIGINALISM" |
31 George Mason Law Review 893 (Spring, 2024) |
Although the Supreme Court has radically reduced the number of its published decisions, it continues to devote disproportionate attention to Article III standing --the doctrine that determines who can sue in federal court. For example, five of the Court's fifty-eight cases in its 2022-23 Term involved standing. Such detailed consideration, however,... |
2024 |
|
| Rachel Yost |
THE INDIAN CHILD WELFARE ACT, POLITICAL CLASSIFICATION OF "INDIANS," AND PRESERVATION OF TRIBAL SOVEREIGNTY: CHILDREN, THE MOST PRECIOUS RESOURCE |
48 American Indian Law Review 43 (2023-2024) |
Throughout the United States' history, Congress has consistently regulated Indian affairs as a matter of tribal political sovereignty, not as a matter of race. The Constitution itself enforces the use of political classification for Indians through Congress' power to regulate Commerce, and make Treaties with Indian tribes. Furthermore, the... |
2024 |
Yes |
| Ayodeji Kamau Perrin |
THE LAST COLONY OF THE MIND: NARRATIVE, LEGAL ADVOCACY, AND THE DECOLONIZATION OF LEGAL KNOWLEDGE |
38 Temple International and Comparative Law Journal 37 (Spring, 2024) |
Philippe Sands' The Last Colony tells the story of how Chagos Islanders won the right to return to the lands of their birth through a 2019 Advisory Opinion of the International Court of Justice (ICJ). In 1965, while the United Kingdom stood in the midst of conceding to the independence claims of myriad anti-colonialists throughout its imperial... |
2024 |
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| Julnasha Morehead |
THE NEED FOR ANTIRACIST EDUCATION AMID TRENDS TOWARD TOTALITARIANISM AND A CONSTITUTIONAL CRISIS |
18 DePaul Journal for Social Justice 1 (Autumn, 2024) |
Narratives from the past play a vital role in shaping our present and future. Attacks on diversity in education, the workplace, and general society highlight the intent of legislators to silence diverse historical realities and supplant tired tropes that serve to divide and concentrate power. Anti-diversity legislation with titles such as Stop... |
2024 |
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| James G. Dwyer |
THE REAL WRONGS OF ICWA |
69 Villanova Law Review 1 (2024) |
Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children's-rights based... |
2024 |
Yes |
| Katie Louras |
THE RUNAWAY TRAIN OF MANDATED REPORTING |
61 San Diego Law Review 137 (February-March, 2024) |
C1-2Table of Contents Abstract. 138 I. Introduction. 139 II. The State of Child Welfare: Where We Are and How We Got Here. 143 A. The Rapid Rise of Mandatory Reporting Laws. 144 B. What Happens After a Hotline Call?: From Report to Screening, Investigation to Substantiation. 150 C. A Harmful and Inefficient System. 156 D. State Attempts at Reform.... |
2024 |
Yes |
| S. Lisa Washington |
TIME AND PUNISHMENT |
134 Yale Law Journal 536 (November, 2024) |
Every three minutes, state agents remove a child from their home. Once a family is separated, impacted parents are up against a quickly approaching deadline--permanent legal separation looms at the end. In fact, impacted parents navigate three interrelated temporal dimensions: the race to permanent legal separation through the termination of... |
2024 |
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| Bryce Drapeaux |
TOWARDS A MORE MEANINGFUL FUTURE: AN INDIAN CHILD WELFARE LAW FOR SOUTH DAKOTA |
69 South Dakota Law Review 119 (2024) |
Historically, the relationships between American Indian tribes and the states have been predominately antagonistic. In 1978, Congress attempted to remediate some of the effects of this antagonism by passing the Indian Child Welfare Act (ICWA) to specifically combat the state-sponsored destruction of Indian families and the wholesale removal of... |
2024 |
Yes |
| Adam Crepelle |
TRIBAL LAW: IT'S NOT THAT SCARY |
72 Buffalo Law Review 547 (April, 2024) |
Tribal law is often presented in a negative light. Indeed, the Supreme Court's skepticism about tribal law has resulted in severe limitations on tribal jurisdiction. This Article challenges perceptions of tribal law by surveying tribal law. While tribal law does rely on tribal customs, tribal law is largely consistent with mainstream American law.... |
2024 |
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| Elizabeth Hidalgo Reese |
TRIBAL REPRESENTATION AND ASSIMILATIVE COLONIALISM |
76 Stanford Law Review 771 (April, 2024) |
Abstract. There are 574 federally recognized domestic dependent tribal nations in the United States. Each tribe is separate from its respective surrounding state(s) and governs itself. And yet, none of them have the power to send representatives to Congress. Our democratic representative structures function as if tribal governments and the... |
2024 |
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| Alexandra Fay |
TRIBES AND TRILATERAL FEDERALISM: A STUDY OF CRIMINAL JURISDICTION |
56 Arizona State Law Journal 53 (Spring, 2024) |
This Article uses criminal jurisdiction to describe tribal political status in our national constitutional order. In 2022, Congress and the Supreme Court altered the already byzantine scheme of criminal jurisdiction on tribal land through the Reauthorization of the Violence Against Women Act (VAWA) and Oklahoma v. Castro-Huerta, respectively. By... |
2024 |
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| Emily J. Stolzenberg |
TRIBES, STATES, AND SOVEREIGNS' INTEREST IN CHILDREN |
102 North Carolina Law Review 1093 (May, 2024) |
Haaland v. Brackeen, last year's unsuccessful Supreme Court challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute's forty-five-year history: that ICWA harms Indian children by subordinating their interests to their tribes' interests, unlike State family law, which pursues the best interests of... |
2024 |
Yes |
| Michael Moffitt |
TRUTH. REGARDLESS OF RECONCILIATION? |
24 Nevada Law Journal 1071 (Spring, 2024) |
Formal responses to historical injustices have typically taken one of two fundamental forms in the past hundred years. The first form is familiar to legal systems--a retributive process in which an adjudicative body measures the conduct of alleged wrongdoers against some set of established standards (think Nuremberg Trials). The second form is... |
2024 |
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| Lawrence J. Altman |
US SUPREME COURT'S JUNE 2023 RULING CONCLUDES INDIAN CHILD WELFARE ACT OF 1978 IS CONSTITUTIONAL |
80 Journal of the Missouri Bar 242 (November-December, 20) |
Editor's Note: The Journal of The Missouri Bar follows Associated Press Style, which recommends the term Native American. In June 2023, the U.S. Supreme Court issued a ruling in Haaland, Secretary of the Interior v. Brackeen that discussed Native Americans' rights under the Indian Child Welfare Act of 1978 (ICWA). This federal law determines the... |
2024 |
Yes |
| Joshua Perry |
WHAT HAPPENED TO TRACEABILITY? |
137 Harvard Law Review Forum 317 (May, 2024) |
In a Comment here last November, Professors William Baude and Samuel Bray reimagined a twenty-five-year-old trend of state-initiated public law litigation as the consequence of liberal overreach. Justice Stevens's 2007 decision in Massachusetts v. EPA, they argued, invented a standing loophole by extending an ill-defined special solicitude to... |
2024 |
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| Kristen A. Carpenter |
"ASPIRATIONS": THE UNITED STATES AND INDIGENOUS PEOPLES' HUMAN RIGHTS |
36 Harvard Human Rights Journal 41 (Spring, 2023) |
The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations... |
2023 |
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| Lori McPherson , Sarah Blazucki |
"STATISTICS ARE HUMAN BEINGS WITH THE TEARS WIPED AWAY": UTILIZING DATA TO DEVELOP STRATEGIES TO REDUCE THE NUMBER OF NATIVE AMERICANS WHO GO MISSING |
47 Seattle University Law Review 119 (Fall, 2023) |
C1-2Contents Introduction. 120 I. Data Sources/Legal Mandates for Submission. 125 A. Biographic Data. 126 B. Biometric Data. 132 II. Baseline: What We Know About Missing Indigenous Persons. 134 III. Legal Considerations in Missing Person Cases in ISndian Country. 143 A. Federalism and Limits of Federal Power. 143 B. Right to Privacy & the Right to... |
2023 |
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| Julia Gaffney |
"THE GOLD STANDARD OF CHILD WELFARE" UNDER ATTACK: THE INDIAN CHILD WELFARE ACT AND HAALAND v. BRACKEEN |
56 Family Law Quarterly 231 (2022-2023) |
Our country was built on the systemic erasure of Indigenous persons, their communities, and their culture. While one might consider this erasure a thing of the past--a phenomenon belonging more to colonization or the country's period of Western expansion--many of the legal, social, and political structures in the United States still operate in ways... |
2023 |
Yes |
| Lucia Kello |
"THE PAST GOT BROKEN OFF": CLASSIFYING "INDIAN" IN THE INDIAN CHILD WELFARE ACT |
36 Journal of Civil Rights & Economic Development 361 (Winter, 2023) |
In her 1993 novel, Pigs in Heaven, Barbara Kingsolver chronicles the story of an American Indian child, Turtle, and her young, white, adoptive mother, Taylor Greer. In what has been criticized as a controversial imagined fact pattern, Kingsolver writes that while stopped in a parking lot in the middle of the night, Taylor is approached by an... |
2023 |
Yes |
| Rachel Kennedy |
A CHILD'S CONSTITUTIONAL RIGHT TO FAMILY INTEGRITY AND COUNSEL IN DEPENDENCY PROCEEDINGS |
72 Emory Law Journal 911 (2023) |
Since the child welfare system's inception, abuse and neglect laws have conflated poverty-related neglect with active parental violence and willful neglect. The ensuing state surveillance has disproportionately harmed poor children and children of color. Pursuant to the state's expansive parens patriae authority, countless families are... |
2023 |
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| K.R. Redhage |
A GENOCIDE THE WORLD HAS IGNORED: HOLDING GOVERNMENTS AND THE CATHOLIC CHURCH ACCOUNTABLE FOR RESIDENTIAL AND BOARDING SCHOOLS THROUGH THE ICC |
48 Brooklyn Journal of International Law 801 (2023) |
CONTENT WARNING: The following article discusses violence against children and the atrocities of the Indigenous Residential School System in the United States and Canada. On May 27, 2021, Tk'emlúps te Secwépemc (Kamloops Indian Band) Chief Rosanne Casmir confirmed the remains of 215 Indigenous children, some as young as three years old, were... |
2023 |
Yes |
| Margaret Kelly |
A MOTHER'S DOMICILE IN THE INDIAN CHILD WELFARE ACT: IN RE ADOPTION OF B.B. |
101 Oregon Law Review 453 (2023) |
Introduction. 453 I. History and Purpose of the Indian Child Welfare Act. 455 A. The Statute. 459 B. Domicile. 461 C. Statutory Interpretation. 461 II. Background of In re Adoption of B.B. 462 III. Case Analysis. 464 A. Plain Interpretation. 464 B. Congressional Intent. 466 C. Canons of Construction. 470 D. Effect on Public Policy. 470 E. United... |
2023 |
Yes |
| 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 |
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| 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 |
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