AuthorTitleCitationSummaryYearKey Term in Title or Summary
Sarah Krakoff Public Lands, Conservation, and the Possibility of Justice 53 Harvard Civil Rights-Civil Liberties Law Review 213 (Winter, 2018) The Bears Ears region includes narrow canyons that wind their way to the Colorado River, wild sandstone uplifts and towers, and troves of ancient Puebloan ruins. President Obama proclaimed Bears Ears as a National Monument on December 28, 2016 pursuant to his authority under the Antiquities Act, which authorizes the President to create monuments on; Search Snippet: ...tribal land base. [FN93] Assimilation policies, aimed likewise at converting Indians into yeoman farmers or laborers, removed Indian children from their homes and educated them in boarding schools where their languages, cultures, and dress were forbidden. [FN94... 2018  
Sarah Deer, Mary Kathryn Nagle Return to Worcester: Dollar General and the Restoration of Tribal Jurisdiction to Protect Native Women and Children 41 Harvard Journal of Law & Gender 179 (Winter, 2018) C1-2Table of Contents Introduction. 180 I. Non-Indian Perpetrated Violence Against Native Women Was Designed to Secure Colonial Conquest and the Destruction of Tribal Nations. 187 A. Native Women Form the Foundation of Tribal Sovereignty. 187 B. Non-Indian Perpetuated Violence Was Purposefully Used Against Native Women and Children as a Form of; Search Snippet: ...Spaniards, are in the habit not only of carrying off Indian children, but also committing outrages against their women, and I have... 2018  
W. Clinton “Buck” Sterling Sources of Alaska Legal History: an Annotated Bibliography, Part I 110 Law Library Journal 333 (Summer, 2018) The author provides an annotated bibliography of sources detailing the legal history of Alaska. Introduction. 334 Bibliography. 335 Alaska Bar, Practice and Education. 335 Alaska Constitution and Constitutional Law. 338 Alaska Court Procedure. 342 Alaska Legislature. 343 Alaska National Interest Lands Conservation Act (ANILCA). 343 Alaska Native; Search Snippet: ...Anchorage, 2001. [FN66] This report provides a historical analysis of Indian Child Welfare Act implementation in Alaska. It includes a review of... 2018  
Elizabeth MacLachlan Tensions Underlying the Indian Child Welfare Act: Tribal Jurisdiction over Traditional State Court Family Law Matters 2018 Brigham Young University Law Review 455 (2018) State courts have historically exercised jurisdiction over family law cases. However, under the Indian Child Welfare Act (ICWA), Indian child custody and adoption cases have been taken out of state jurisdiction and placed with Indian tribal governments. State courts have pushed back against proper deference to ICWA and violate ICWA by misapplying; Search Snippet: ...Brigham Young University Law Review 2018 Comment TENSIONS UNDERLYING THE INDIAN CHILD WELFARE ACT: TRIBAL JURISDICTION OVER TRADITIONAL STATE COURT FAMILY LAW... 2018 Yes
Gregory H. Bigler Traditional Jurisprudence and Protection of Our Society: a Jurisgenerative Tail 43 American Indian Law Review Rev. 1 (2018) This Article organizes thoughts from a long period of work and life exploring some of what uniquely guides traditional Euchee and Muscogee society. My participation in Euchee ceremonial life is a lens by which I view tribal, federal, and human rights law and processes. I hope to begin articulating a modern traditional Indian jurisprudence and find; Search Snippet: ...and several of their cousins. [FN64] Golaha Millie, unlike most Indians of that time, insisted the children all speak Euchee upon their return home from Indian boarding schools, regardless of them being punished for speaking it at... 2018  
Geoffrey D. Strommer, Starla K. Roels, Caroline P. Mayhew Tribal Sovereign Authority and Self-regulation of Health Care Services: the Legal Framework and the Swinomish Tribe's Dental Health Program 21 Journal of Health Care Law and Policy 115 (2018) Across the United States, an important shift is taking place in the Indian health care arena. Over the past forty years, many American Indian Tribes have transitioned away from relying primarily on federal officials to provide a bare minimum in health care services to Indian people and have begun instead to develop and operate complex tribal health; Search Snippet: ...PHS reported in its 1957 Report, In 1892, Commissioner [of Indian Affairs Thomas J.] Morgan, having repeatedly exhorted Congress in the name of humanity to provide money for Indian hospitals at every agency and boarding school, described the lack of such facilities as a great... 2018  
Barbara Stark When Genealogy Matters: Intercountry Adoption, International Human Rights, and Global Neoliberalism 51 Vanderbilt Journal of Transnational Law 159 (January, 2018) Those who believe in children's human rights need to promote children's basic human right to be liberated from the conditions under which they live in orphanages or on the street and to grow up with parents who can provide the loving nurturing that is essential for human flourishing. --Elizabeth Bartholet In short, there is a struggle for the; Search Snippet: ...the white man. [FN43] As Professor Lila George explains, the boarding school era, which began in the 1880s and continued until the Indian Adoption Project in the late 1950s, taught children that their... 2018  
Kathryn Almond A Fouled Hand: Ysleta Del Sur Pueblo's Struggle to Game in Texas 49 Texas Tech Law Review 403 (Winter, 2017) I. Welcome to No-Limit Texas Hold'em. 404 II. Cutting the Deck. 406 A. The Game of Roulette: A Brief History of Indian-United States Relations. 406 1. 1492-1817: The Colonial and Trade and Intercourse Periods. 406 2. 1817-1928: The Removal, Reservation, and Allotment Periods. 409 3. 1928-1942: The Reorganization Period. 410 4. 1953-1961: The; Search Snippet: ...as dances, criminal. [FN66] Western education was central to federal Indian policy; Indian children were brought together at boarding schools and often forbidden from speaking their native languages. [FN67] Further, all American Indians were granted United States... 2017  
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  
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  
Deron Marquez Citizenship, Disenrollment & Trauma 53 California Western Law Review 181 (Spring, 2017) C1-2Table of Contents Introduction. 182 I. Citizenship. 184 II. Disenrollment Trailhead. 191 III. Disenrollment. 197 A. Jeffredo v. Macarro. 199 B. San Diego Health and Human Service Agency v. Michelle T. 202 C. Aftermath. 206 IV. Trauma. 207 Conclusion. 212; Search Snippet: ...Diego Health and Human Service Agency v. Michelle T. The Indian Child Welfare Act (ICWA) of 1978 [FN126] was crafted to assist in the placing of American Indian children into culturally favorable settings to cultivate the child's culture. ICWA was Congress's reaction to Indian children being placed into non-Indian homes (foster or adopted), which... 2017  
Abi Fain , Mary Kathryn Nagle Close to Zero: the Reliance on Minimum Blood Quantum Requirements to Eliminate Tribal Citizenship in the Allotment Acts and the Post-adoptive Couple Challenges to the Constitutionality of Icwa 43 Mitchell Hamline Law Review 801 (2017) I. Introduction. 803 II. The Origins of Indian as a Political Reference to Citizenship Under Federal Law. 810 A. The Absence of Blood Quantum in Tribal and Federal Laws Pre-1887. 810 B. Congress Purposefully Excluded Indians--Citizens of Tribal Nations--from the Fourteenth Amendment. 815 III. The Use of Blood Quantum to Implement the Allotment; Search Snippet: ...before you can call, under the statute, a child an Indian child ? 3/256ths? I'm just wondering is 3/256ths close--close... 2017  
Timothy Sandefur Escaping the Icwa Penalty Box: in Defense of Equal Protection for Indian Children 37 Children's Legal Rights Journal J. 1 (2017) In early 2016, a six-year-old Californian child named Lexi was taken from the arms of her weeping foster parents, Rusty and Summer Page, and sent to live with her step-second-cousin in Utah instead. She had lived with the Pages for four of her six years of life, after Los Angeles child welfare officials removed her from her drug-addicted mother; Search Snippet: ...THE ICWA PENALTY BOX: IN DEFENSE OF EQUAL PROTECTION FOR INDIAN CHILDREN Timothy Sandefur [FNa1] Copyright © 2017 by Children's Legal Rights Journal... 2017  
Jennifer S. Hendricks Fathers and Feminism: the Case Against Genetic Entitlement 91 Tulane Law Review 473 (February, 2017) This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to; Search Snippet: ...also assist in avoiding or flouting the requirements of the Indian Child Welfare Act (ICWA), which governs jurisdiction and provides the substantive... 2017  
Hope Babcock Here Today, Gone Tomorrow--is Global Climate Change Another White Man's Trick to Get Indian Land? The Role of Treaties in Protecting Tribes as They Adapt to Climate Change 2017 Michigan State Law Review 371 (2017) Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,; Search Snippet: ...the lands in question it would result in a checker- boarding of regulatory authority, which would upset and disrupt the justifiable expectations' of non- Indian landowners, [FN108] as would happen in the case of a... 2017  
Matthew L.M. Fletcher, Wenona T. Singel Indian Children and the Federal-tribal Trust Relationship 95 Nebraska Law Review 885 (2017) C1-2TABLE OF CONTENTS I. Introduction. 886 II. Indian Children and the Founding Generation. 892 A. The Treaty and International Law Basis of the Federal-Tribal Trust Relationship. 893 B. Federal Military and Diplomatic Actions. 895 1. Colonial Era. 896 2. Revolutionary War. 899 3. Post-Revolutionary War Era. 901 4. The Northwest Indian War. 903 5; Search Snippet: ...WL 3327921 NEBRASKA LAW REVIEW Nebraska Law Review 2017 Article INDIAN CHILDREN AND THE FEDERAL-TRIBAL TRUST RELATIONSHIP Matthew L.M. Fletcher Wenona... 2017  
Katherine Florey Making it Work: Tribal Innovation, State Reaction, and the Future of Tribes as Regulatory Laboratories 92 Washington Law Review 713 (June, 2017) Abstract: This Article examines a growing phenomenon: even as the Supreme Court has steadily contracted the scope of tribes' regulatory authority, many tribes have in recent years passed innovative laws and ordinances, often extending well beyond any comparable initiatives at the state or local level. Recently, for example, the Navajo Nation passed; Search Snippet: ...attitudes about marijuana consumption imposed on tribes by outsiders: [d]uring boarding schools [intended to force the assimilation of Indian children], our way of life was outlawed, and so many of... 2017  
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  
Addie Rolnick , Kim Pearson Racial Anxieties in Adoption: Reflections on Adoptive Couple, White Parenthood, and Constitutional Challenges to the Icwa 2017 Michigan State Law Review 727 (2017) C1-2Table of Contents Introduction. 727 I. Displaced Children. 733 II. Race in Family Law. 738 III. Whiteness and Ideal Parenthood. 745 Conclusion. 750; Search Snippet: ...III. Whiteness and Ideal Parenthood 745 Conclusion 750 Introduction The Indian Child Welfare Act (ICWA) is under fire; challengers argue that it... 2017  
Allison E. Davis Roadway to Reform: Assessing the 2015 Guidelines and New Federal Rule to the Indian Child Welfare Act's Application to State Courts 22 Suffolk Journal of Trial and Appellate Advocacy 91 (2016-2017) In 1987, Congress enacted the Indian Child Welfare Act (ICWA), in order to protect Native American children during custody and placement proceedings. The 38-year-old statute was last updated on its application with guidelines in 1979. Over the years, courts have determined that the guidelines were not binding on state courts; rather the; Search Snippet: ...ASSESSING THE 2015 GUIDELINES AND NEW FEDERAL RULE TO THE INDIAN CHILD WELFARE ACT'S APPLICATION TO STATE COURTS Allison E. Davis Copyright... 2017 Yes
Michael I. Fiske Self-determination for Whom? Native American Sovereign Immunity & Disability Rights 10 Albany Government Law Review 271 (2017) Both Native American tribes and individuals with disabilities are historically oppressed minorities that have experienced a variety of profound social, cultural, and economic barriers. From the very beginnings of the United States, dominant societal attitudes have perceived Native Americans as being inferior and uncivilized, and commonly referred; Search Snippet: ...policies on the part of the federal government to suppress Native American cultures, languages, and religious traditions; while attempting to forcibly... 2017  
Matthew L.M. Fletcher States and Their American Indian Citizens 41 American Indian Law Review 319 (2017) For the past four decades, Republican control of the White House and Congress has not augured well for Indian country. Conservative administrations are unlikely to support trust land acquisitions, for example. The current administration's informal spokesmen talk openly of privatizing Indian trust and reservation lands, a twenty-first century form; Search Snippet: ...termination. [FN2] The Obama administration's cooperation with Indian tribes in Indian child welfare litigation and trust land acquisition matters, to name two... 2017  
Hedi Viterbo Ties of Separation: Analogy and Generational Segregation in North America, Australia, and Israel/palestine 42 Brooklyn Journal of International Law 695 (2017) Introduction. 696 I. Analogy and Generational Segregation. 700 A. Transcending Prison Through Analogies. 701 B. Generational Segregation in Israeli Custody. 704 C. Analogizing Generational Segregation. 708 II. Already Analogized. 719 III. Analogy's Frameworks. 729 A. Legalistic Analogies Concerning Generational Segregation. 730 B. Rigid; Search Snippet: ...U.S.] government reached the conclusion that successful assimilation required removing Indian children from their reservations and reeducating them away from their families and environments . For several years, Indian parents had to send their children to various off-reservation boarding schools or to specially constructed boarding schools at the periphery of the reservations . Once the children... 2017  
Marcia Zug Traditional Problems: How Tribal Same-sex Marriage Bans Threaten Tribal Sovereignty 43 Mitchell Hamline Law Review 761 (2017) I. Introduction. 761 II. Same-Sex Marriage in Indian Country. 768 III. Tribal Sovereignty, Tradition, and Unfairness. 773 A. Interpreting Santa Clara Pueblo v. Martinez. 774 B. The Cherokee Freedmen. 777 IV. Tribal Traditions and Fairness. 783 A. Crow Dog and Tribal Justice. 784 B. Mississippi Band of Choctaw Indians v. Dollar General Corp. 787 1; Search Snippet: ...Courts 789 2. Traditions, Customs, and Bias 792 C. The Indian Child Welfare Act 795 V. The Future 797 VI. Conclusion 800... 2017  
Gwen N. Westerman, PhD, Minnesota State University, Mankato Treaties Are More than a Piece of Paper: Why Words Matter 10 Albany Government Law Review 293 (2017) Minnesota is a Dakota place. The Dakota people's place in Minnesota. Is there a difference between those two statements? The first is a simple declarative sentence that identifies Minnesota. The second is a dependent phrase that locates the people in the place but is lacking context. This transformation of syntax also transforms the meaning. In; Search Snippet: ...passed that forbade Indians and whites to marry. Day schools, boarding schools, and industrial schools were built and filled with Indian children removed from the influence of their families. [FN78] My grandparents... 2017  
Regina Gerhardt Tribal Sovereignty and Gaming: a Proposal to Amend the National Labor Relations Act 39 Cardozo Law Review 377 (October, 2017) C1-2Table of Contents Introduction. 378 I. Legal Background. 381 A. History of Tribal Sovereignty in the United States. 381 1. Origins of Tribal Sovereignty. 382 2. Tribal Sovereignty over Strictly Commercial Matters. 387 B. Federal Laws of General Applicability. 388 C. Impact of the Gaming Industry on Tribes and the Non-Tribal Labor Force. 390; Search Snippet: ...and responsibility to the Indian people for the education of Indian children Pevar supra note 31, at 35. See id... 2017  
Raymond Cross Tribes as Rich Nations 38 Public Land & Resources Law Review 117 (2017) I. Introduction. 119 A. The Life-Cycle of the Tribe. 123 1. Birth. 123 2. Childhood. 127 3. Adolescence. 128 4. Death. 133 5. Rebirth. 143 II. The Failed Effort to Emancipate the American Indian Peoples. 146 A. The Origin of Tribal Self-Determination. 147 1. Evaluating the Self-Determination Component. 148 2. Evaluating the Tribal Component. 149; Search Snippet: ...their tribesmen to be white Indians. [FN67] Third, allotment encouraged Indian parents to send their children to the newly-created federal Indian boarding schools. [FN68] An American-type education was deemed to be the most reliable means for assimilating Indian children into a non-Indian society. [FN69] It was the archetypal... 2017  
Heather Parker Truth and Reconciliation Commissions: a Needed Force in Alaska? 34 Alaska Law Review 27 (June, 2017) Introduction. 28 Background and Definitions. 31 Truth Commissions. 31 Reconciliation. 34 Context for Alaska. 35 History of Occupation. 36 Forced Assimilation Policies. 37 Government-Endorsed Discrimination. 38 Aftermath of Assimilation and Discrimination Policies in Alaska. 40 Comparison and Overview of Select International Commissions. 42 South; Search Snippet: ...the village, it was eerily quiet that winter. [FN61] At boarding school, all topics were taught in English and there was a constant message that Native cultures, heritage, and languages were of no use, including singing... 2017  
Scott Trowbridge Understanding the 2016 Indian Child Welfare Act Regulations 36 Child Law Practice Prac. 6 (January, 2017) The Indian Child Welfare Act (ICWA) was passed in 1978 in response to widespread removals of Native American children. It came on the heels of official policies aimed at eroding tribal sovereignty and culture. ICWA is unique in that it seeks to protect children, their families, and the right of tribal governments to exercise parens patriae; Search Snippet: ...Practice January, 2017 Law and Policy Update UNDERSTANDING THE 2016 INDIAN CHILD WELFARE ACT REGULATIONS Scott Trowbridge [FNa1] Copyright © 2017 by American Bar Association; Scott Trowbridge T he Indian Child Welfare Act (ICWA) [FN1] was passed in 1978 in response... 2017 Yes
Alison Burton What about the Children? Extending Tribal Criminal Jurisdiction to Crimes Against Children 52 Harvard Civil Rights-Civil Liberties Law Review 193 (Winter, 2017) C1-2Table of Contents Introduction. 194 I. Jurisdictional Gaps in Indian Country. 197 A. Tribes occupy a unique position in United States law as domestic dependent nations. 197 B. Overlapping tribal, federal, and state criminal jurisdiction in Indian country has created a jurisdictional crazy quilt with devastating gaps. 198 i. What qualifies as; Search Snippet: ...Criminal Jurisdiction to Crimes that Non-Indians Commit Against American Indian Children 209 A. Native children experience heightened levels of criminal victimization... 2017  
Bethany R. Berger Birthright Citizenship on Trial: Elk V. Wilkins and United States V. Wong Kim Ark 37 Cardozo Law Review 1185 (April, 2016) In the summer of 2015, the majority of Republican candidates for president announced their opposition to birthright citizenship. The constitutional dimensions of that right revolve around two cases decided at the end of the nineteenth century, Elk v. Wilkins (1884) and United States v. Wong Kim Ark (1898). The first held that an American Indian man; Search Snippet: ...of individualism and freedom. [FN25] In the name of freeing Indians from the shackles of tribalism, federal officials governed the minutiae of reservation life, charting how many Indians wore citizen's dress and how many acres they farmed, [FN26] and removed Indian children to boarding schools, circulating photographs showing their transformation from savagery to civilization... 2016  
Lorelei Laird Children of the Tribe 102-OCT ABA Journal 40 (October, 2016) Alexandria P.'s short life has been full of harsh goodbyes. At 17 months, she was taken from her parents after accusations of neglect. Los Angeles County authorities placed her in a foster home--but within months, she suffered a black eye and a scrape and was removed again. A second foster family gave her up after just a few months, partly because; Search Snippet: ...October, 2016 Feature CHILDREN OF THE TRIBE Lawsuits Claim the Indian Child Welfare Act Is Not Always in the Best Interests of... 2016  
Angela R. Riley Crime and Governance in Indian Country 63 UCLA Law Review 1564 (August, 2016) Criminal jurisdiction in Indian country is defined by a central, ironic paradox. Recent federal laws expanding tribal criminal jurisdiction are, in many respects, enormous victories for Indian country, as they acknowledge and reify a more robust notion of tribal sovereignty, one capable of accommodating increased tribal control over safety and; Search Snippet: ...must be weighed in prosecuting Indians--who are parents to Indian children, employees of the tribe, etc.--are present in these cases... 2016  
Gail T. Kulick , Tadd M. Johnson , Rebecca St. George , Emily Segar-Johnson From Dysfunction and Polarization to Legislation: Native American Religious Freedom Rights and Minnesota Autopsy Law 42 Mitchell Hamline Law Review 1699 (2016) I. Introduction. 1700 II. Two Deaths, Two Court Orders. 1702 III. Why Tribal Religions Went Underground. 1708 IV. The Law in Minnesota. 1712 V. The Legislative Process. 1716 VI. Aftermath. 1720; Search Snippet: ...were asked to work with the federal government to create boarding schools for Indians. [FN67] They were to Christianize and civilize Native Americans, thus... 2016  
Amy Mulzer, Tara Urs However Kindly Intentioned: Structural Racism and Volunteer Casa Programs 20 CUNY Law Review 23 (Winter 2016) A Judge McClellan in Lansing had authority over me and all of my brothers and sisters. We were state children, court wards; he had the full say-so over us. A white man in charge of a black man's children! Nothing but legal, modern slavery--however kindly intentioned. The Autobiography of Malcolm X Introduction. 23 I. Child Welfare and the Role; Search Snippet: ...about 1880, that the United States government began to promote boarding schools for Native American children as a primary means to assimilate them. By 1900, the government had established boarding schools for about 21,500 Native American children. Officials sought to remove every [ Native] child to a boarding school for a period of at least three years. [FN113... 2016  
Jennifer Hendry , Melissa L. Tatum Human Rights, Indigenous Peoples, and the Pursuit of Justice 34 Yale Law and Policy Review 351 (Spring 2016) Introduction. 352 I. The Rights-Based Approach and Indigenous Alternatives. 354 A. The Functioning, Origins, and Critique of the Rights-Based Approach. 355 B. Indigenous Alternatives. 360 II. Failures of the Right-Based Approach. 364 A. Conflicts Between Sovereign Governments. 365 B. Disputes over Regulatory Issues. 368 C. Individual Claims. 370 D; Search Snippet: ...this goal through two primary methods: (1) the removal of Indian children from their families and their education at boarding schools; and (2) the allotment process, in which Congress divided... 2016  
Caroline M. Turner Implementing and Defending the Indian Child Welfare Act Through Revised State Requirements 49 Columbia Journal of Law and Social Problems 501 (Summer, 2016) The Indian Child Welfare Act, enacted in 1978, was designed to protect Indian children and enhance the stability of Indian tribes and families. It sets forth minimum federal standards applicable in proceedings involving the termination of parental rights, pre-adoption placement, and adoption placement. From its inception, there has been resistance; Search Snippet: ...Law and Social Problems Summer, 2016 IMPLEMENTING AND DEFENDING THE INDIAN CHILD WELFARE ACT THROUGH REVISED STATE REQUIREMENTS Caroline M. Turner [FNa1... 2016 Yes
William Wood Indians, Tribes, and (Federal) Jurisdiction 65 University of Kansas Law Review 415 (December, 2016) Land, and controlling what happens on it and the revenues from it, has always been the focal point of relations between Indigenous peoples and non-Natives in North America. Today, as many Indian tribes rebuild their land bases after centuries of dispossession, with the result that state and local governments generally lose jurisdiction over the; Search Snippet: ...to these tribes, although some of their children attended federal boarding schools for Indians. [FN78] As the Supreme Court noted in Carcieri , the Narragansett... 2016  
Courtney Hodge Is the Indian Child Welfare Act Losing Steam?: Narrowing Non-custodial Parental Rights after Adoptive Couple V. Baby Girl 7 Columbia Journal of Race and Law 191 (2016) In 2013, the United States Supreme Court handed down a decision in Adoptive Couple v. Baby Girl, a decision that will have long-term effects on the use of the Indian Child Welfare Act by non-custodial Native parents. Congress passed the Indian Child Welfare Act in 1978 in response to the high volume of Native children that had been removed from; Search Snippet: ...Columbia Journal of Race and Law 2016 Note IS THE INDIAN CHILD WELFARE ACT LOSING STEAM?: NARROWING NON-CUSTODIAL PARENTAL RIGHTS AFTER... 2016 Yes
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  
Robette Ann Dias Racism Creates Barriers to Effective Community Policing 40 Southern Illinois University Law Journal 501 (Spring, 2016) It is not often that I am invited as a community member to speak in an academic setting, and to have received the invitation to address something as essential as the relationship between healthy communities and law enforcement is an honor and a heavy responsibility. I am grateful to have had that opportunity and grateful for the invitation to; Search Snippet: ...stealing reservation resources. [FN25] Policing was also used to remove Indian children from their tribal communities to place them in residential boarding schools where many of the children experienced violence in the... 2016  
Rebecca Tsosie The Politics of Inclusion: Indigenous Peoples and U.s. Citizenship 63 UCLA Law Review 1692 (August, 2016) This Article explores the dynamics of U.S. citizenship and indigenous self-determination to see whether, and how, the two concepts are in tension and how they can be reconciled. The Article explores the four historical frames of citizenship for indigenous peoples within the United States--treating indigenous peoples as citizens of separate nations,; Search Snippet: ...in the mid-nineteenth century. [FN128] The BIA instituted the boarding school policy, which forcibly removed Indian children from their families and sent them to distant boarding schools where they were forbidden to speak their language or... 2016  
Addie C. Rolnick Untangling the Web: Juvenile Justice in Indian Country 19 NYU Journal of Legislation and Public Policy 49 (2016) The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration; Search Snippet: ...Juvenile Justice and Delinquency Prevention Act 133 4. Extend the Indian Child Welfare Act 134 B. Improving Outcomes for Native Youth in... 2016  
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 Yes
Bethany R. Berger Diversely Native 62-JUN Federal Lawyer 54 (June, 2015) Many federal Indian law professors have experienced some version of the following: We go to a law school to give a workshop on a specific aspect of federal Indian law and get a question along the lines of Why should there be tribes? One might compare it to giving a talk on a specific aspect of constitutional or international law and getting the; Search Snippet: ...FN5] In Adoptive Couple v. Baby Girl [FN6] concerning the Indian Child Welfare Act (ICWA), the U.S. Supreme Court focused on the... 2015  
Senator Byron L. Dorgan, Joanne Shenandoah Ending Violence So American Indian Alaska Native Children Can Thrive 40-MAY Human Rights 10 (May, 2015) The children of the first Americans should not be left behind. Yet, that is what American Indian and Alaska Native (AI/AN) children have been facing for decades. Inadequate schools, housing, health care, and more have created conditions that cannot continue. These children have been disadvantaged by the false promises that were made to American; Search Snippet: ...land, culture, and language and the abuse of generations of Native children in American boarding schools. We heard that, through a tragic history of broken... 2015  
Bethany R. Berger In the Name of the Child: Race, Gender, and Economics in Adoptive Couple V. Baby Girl 67 Florida Law Review 295 (January, 2015) On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case was ostensibly about a dispute between prospective adoptive parents and a biological father. But this Article demonstrates that; Search Snippet: ...Court decided Adoptive Couple v. Baby Girl , holding that the Indian Child Welfare Act did not permit the Cherokee father in that... 2015  
Nizhone Meza Indian Education: Maintaining Tribal Sovereignty Through Native American Culture and Language Preservation 2015 Brigham Young University Education and Law Journal 353 (2015) The United States government has attempted to accommodate, assimilate, and terminate the Indian since declaring its Independence. Indian Education Policy was no different as it duplicated the general Federal Indian Policy making an indirect substantial impact on tribal sovereignty. This impact is felt today as traditional Native American languages; Search Snippet: ...to encourage individual identity as opposed to tribal identity of Indian children by teaching them how to work and understand the possession... 2015  
Rita Lenane It Doesn't Seem Very Fair, Because We Were Here First: Resolving the Sioux Nation Black Hills Land Dispute and the Potential for Restorative Justice to Facilitate Government-to-government Negotiations 16 Cardozo Journal of Conflict Resolution 651 (Winter, 2015) As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and . . . [w]e further recognize that restoring tribal lands through appropriate means; Search Snippet: ...late twentieth, in which aboriginal children were taken to mandatory boarding schools in an effort to forcibly assimilate the Native population. Not only were the children prohibited from speaking or... 2015  
Breann Nu'uhiwa Language Is Never about Language: Eliminating Language Bias in Federal Education Law to Further Indigenous Rights 37 University of Hawaii Law Review 381 (Spring, 2015) Language is power, life and the instrument of culture, the instrument of domination and liberation. -Angela Carter Before infants utter their first words or learn to assign meaning to speech, they develop preferences for those who speak their native languages in native accents. As children move into the preschool environment, language differences; Search Snippet: ...worked to eradicate Native languages, religions, beliefs, and practices. American Indian children have been at the very center of the battleground between... 2015  
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