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
Guadalupe T. Luna Cultural, Ethnic, and Religious Fragmentation 20 Saint Thomas Law Review 622 (Spring 2008) I. Introduction. 622 II. Knowledge Production: The Essays. 623 III. Summary. 639 IV. Conclusion. 641; Search Snippet: ...the author targets the presentation of the heinous treatment of Indian children at the Pennsylvania based Carlisle School. [FN129] Established in 1879... 2008
Nell Clement Do "Reasonable Efforts" Require Cultural Competence? The Importance of Culturally Competent Reunification Services in the California Child Welfare System 5 Hastings Race and Poverty Law Journal 397 (Summer 2008) With the enactment of the Adoption and Safe Families Act of 1997 (ASFA), the American child welfare system prioritized permanence. The ASFA sets a rigid time frame for attempts at family reunification and non-compliance with this time frame can result in the termination of parental rights. The ASFA approach moves away from the presumption that; Search Snippet: ...cultural community's children. However, hindsight reveals the disastrous effects these boarding schools had on Native American children, parents, and communities. [FN157] As Van Praagh writes... 2008
Ronald M. Walters Goodbye to Good Bird: Considering the Use of Contact Agreements to Settle Contested Adoptions Arising under the Indian Child Welfare Act 6 University of Saint Thomas Law Journal 270 (Fall 2008) After two years of heated litigation, settling Christian Good Bird's contested adoption outside of the courtroom must have relieved his biological mother, tribe and adoptive parents, but the decision almost certainly generated feelings of uncertainty about what long-term effects the compromise would have on Christian as well. Indeed, Christian's; Search Snippet: ...OF CONTACT AGREEMENTS TO SETTLE CONTESTED ADOPTIONS ARISING UNDER THE INDIAN CHILD WELFARE ACT Ronald M. Walters [FN1] Copyright (c) 2009 University... 2008
C. Eric Davis In Defense of the Indian Child Welfare Act in Aggravated Circumstances 13 Michigan Journal of Race and Law 433 (Spring 2008) The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption; Search Snippet: ...Race and Law Spring 2008 Note IN DEFENSE OF THE INDIAN CHILD WELFARE ACT IN AGGRAVATED CIRCUMSTANCES C. Eric Davis [FNa1] Copyright... 2008
Matthew L.M. Fletcher Indian Tribal Businesses and the Off-reservation Market 12 Lewis & Clark Law Review 1047 (Winter 2008) American Indian tribes once operated regional trade centers, with broad geographical impact. With the arrival of European traders and settlers, this system began to erode, and later, the treaty and reservation system effectively eliminated the regional Indian economic market. Under the policies of measured separatism and assimilation, American; Search Snippet: on Indian treaties dried. [FN8] Various means of assimilating Indian people--allotment, boarding schools, law-and-order codes, urban relocation, termination, forced-fee... 2008
Allison M. Dussias Indigenous Languages under Siege: the Native American Experience 3 Intercultural Human Rights Law Review Rev. 5 (2008) It's soul-satisfying to be able to read and speak your own language. -- Richard Littlebear, Northern Cheyenne [L]anguage is so important, because it is one thing that we can keep alive, that can never change. If we're able to keep our language going, we'll be able to pass on knowledge, from generation to generation. Without it, we're going to lose; Search Snippet: ...Native American children. The government ran its own schools for Native American children, including both on-reservation schools and off-reservation boarding schools. The government also provided funding for so-called contract... 2008
Jon Reyhner Promoting Human Rights Through Indigenous Language Revitalization 3 Intercultural Human Rights Law Review 151 (2008) The National Geographic Society's Enduring Voices project notes that about every two weeks another language dies, taking millennia of human knowledge and history with it. Writing in The Wall Street Journal, John J. Miller declared that the increasing pace of language death is a trend that is arguably worth celebrating . . . [because] age-old; Search Snippet: ...bloodiest war where both the north and south spoke English. Indian schools were to be the instrument of obliterating Indian languages to end differences in the same way public schools... 2008
Kristen A. Carpenter Real Property and Peoplehood 27 Stanford Environmental Law Journal 313 (June, 2008) This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unwilling to confront the uncomfortable truth that; Search Snippet: ...massacres of people engaged in religious dances, federal laws criminalizing Indian religious practices, federally funded programs assigning Christian missionaries to reservations, the removal of Indian children from their families to Christian boarding schools, and other programs tied closely to the federal project assimilating American Indians. [FN292] Congress officially repudiated the federal assimilation policy in 1934... 2008
Daniel E. Witte, Paul T. Mero Removing Classrooms from the Battlefield: Liberty, Paternalism, and the Redemptive Promise of Educational Choice 2008 Brigham Young University Law Review 377 (2008) Utah's new school voucher law has meant many things to many people. For the thirty-seven percent of our Hispanic and African- American public-school students who do not graduate with a high-school diploma, Utah's voucher law represented a sense of hope and opportunity. For opponents of educational choice, the voucher law is un-American and a threat; Search Snippet: ...publicity campaigns and espouse policies based upon the premise that Indians could only become literate and civilized through removal of Indian children from their Indian parents and instruction in off-reservation boarding schools controlled by white federal government officials. [FN33] The objective was not simply (or perhaps even primarily) to educate Indian children, but to permanently control and transform indigenous societies in ways... 2008
Lorie M. Graham Reparations, Self-determination, and the Seventh Generation 21 Harvard Human Rights Journal 47 (Winter 2008) In each deliberation, we must consider the impact of our decisions on the next seven generations. --Great Law of the Haudenosaunee [T]he grandmothers and grandfathers . . . thought about us as they lived, confirmed in their belief of a continuing life . . . . --Simon Ortiz, Poet and Writer Indigenous teachings on law and family help define our; Search Snippet: ...message as we reflect upon the thirtieth anniversary of the Indian Child Welfare Act of 1978 (ICWA) [FN3] and look to the... 2008
T.S. Twibell Rethinking Johnson V. M'intosh (1823): the Root of the Continued Forced Displacement of American Indians Despite Cobell V. Norton (2001) 23 Georgetown Immigration Law Journal 129 (Fall, 2008) The accepted principle of governing the discovery of barbarous countries by civilized people is that discovery gave the state by whose subjects or by whose authority it was made the exclusive right to settle, possess, and govern the new land and the absolute title to the soil, subject to certain right of occupancy only in the natives . when the; Search Snippet: ...from families. There had always been instances of kidnappings of Indian children by the Anglos, but the practice returned with a new... 2008
Suzanne Koepplinger Sex Trafficking of American Indian Women and Girls in Minnesota 6 University of Saint Thomas Law Journal 129 (Fall 2008) The views represented in this article are those of the author. The terms American Indian, Native American, and Indian will be used interchangeably. The Minnesota Indian Women's Resource Center (MIWRC), in partnership with several culturally based non-profit service providers in the state, recently began investigating anecdotal reports of; Search Snippet: ...Indian communities suffer from FAS or PFAS. Christian Alliance for Indian Child Welfare, Fetal Alcohol Spectrum Disorder: Incidence of Alcohol Abuse in... 2008
James Thomas Tucker The Battle over "Bilingual Ballots" Shifts to the Courts: a Post-boerne Assessment of Section 203 of the Voting Rights Act 45 Harvard Journal on Legislation 507 (Summer 2008) Can Congress prohibit a state or local jurisdiction from conducting elections in English only and require that it provide bilingual ballots at the polls? Section 203 of the Voting Rights Act requires certain jurisdictions--those meeting specified demographic criteria--to provide language assistance to voters who have limited English language; Search Snippet: ...leave home, or refuse[d] to leave home to attend boarding school or the boarding home program, they [were] denied secondary school education, resulting in a highly disproportionate number of Alaska Natives . . . not . . . attending secondary schools. [FN340] In contrast, most non-native... 2008
Annette R. Appell The Endurance of Biological Connection: Heteronormativity, Same-sex Parenting and the Lessons of Adoption 22 BYU Journal of Public Law 289 (2008) United States family law is largely based on the modern family in that the foundation of family law is the patriarchal, heterosexual nuclear family, and biology and marriage define family relationships and regulate rights, privileges, and benefits among family members and against the state. However, the lived relations that constitute postmodern; Search Snippet: ...belong, and what journey preceded the past few generations. [FN24] Native Americans too experienced forced disruptions in their history and cultural... 2008
Barbara Atwood The Voice of the Indian Child: Strengthening the Indian Child Welfare Act Through Children's Participation 50 Arizona Law Review 127 (Spring 2008) This Article explores the potential benefits and challenges of giving more prominence to the voice of the Indian child in ICWA proceedings, a topic that has received scant attention from scholars and courts. The Act itself authorizes the appointment of counsel for children and provides that state courts may consider the child's wishes as to; Search Snippet: ...of the Arizona Law Review Article THE VOICE OF THE INDIAN CHILD: STRENGTHENING THE INDIAN CHILD WELFARE ACT THROUGH CHILDREN'S PARTICIPATION Barbara Atwood [FNa1] Copyright ©... 2008
Cruz Reynoso , William C. Kidder Tribal Membership and State Law Affirmative Action Bans: Can Membership in a Federally Recognized American Indian Tribe Be a plus Factor in Admissions at Public Universities in California and Washington? 27 Chicana/o-Latina/o Law Review 29 (2008) The group at the statistical bottom of all the scales thought to measure lack of opportunity is American Indians. A line of viable Supreme Court authority holds that equal protection of the law does not require strict scrutiny of laws singling out Indians for advantage or disadvantage, when Indians is understood to mean members of federally; Search Snippet: ...the appeal court applied strict scrutiny in holding that the Indian Child Welfare Act--which directs that when a child of a... 2008
James Thomas Tucker , Rodolfo Espino , Tara Brite, Shannon Conley, Ben Horowitz, Zak Walter, Shon Zelman Voting Rights in Arizona: 1982-2006 17 Southern California Review of Law & Social Justice 283 (Spring 2008) Before the passage of the Voting Rights Act of 1965 (VRA), Arizonans of Hispanic, American Indian, African-American and Asian heritage were the victims of discrimination in virtually every area of their social and political lives. The town of Winslow adopted a policy segregating public swimming pools that allowed only Anglos to use the pool on days; Search Snippet: ...English-only requirements. [FN319] That would be true if American Indian children were being taught in tribal schools; however, 80% of tribal children are in public and charter schools. [FN320] American Indians remember well the era from the 1800s to the 1960s when American Indian children were placed in government-run boarding schools and punished for speaking their native language. [FN321] Proposition 203 revitalizes that much- 2008
Richard Delgado Watching the Opera in Silence: Disgust, Autonomy, and the Search for Universal Human Rights 70 University of Pittsburgh Law Review 277 (Winter 2008) Inventing Human Rights: A History. By Lynn Hunt. New York, London: W.W. Norton & Company. 2007. Pp. 214+appendix. $14.95. Are human rights expanding over time? Christopher Stone, Peter Singer, and many others hold that they are and that this is a good thing. In a famous article and book, Stone points out that in early times, human beings recognized; Search Snippet: ...and raised in captivity. In reality, very few cases of Indian kidnapping ever occurred; many more Indian children were forcibly removed from their families and sent to Indian boarding schools, where Anglo authorities cut off their long hair, punished them for speaking Indian languages, and taught them to hate their culture and dress... 2008
Angela R. Riley (Tribal) Sovereignty and Illiberalism 95 California Law Review 799 (June, 2007) Liberalism struggles with an ancient paradox. That is, it must navigate the sometimes treacherous course between individual autonomy and pluralism's accommodation. In this Article, I argue that this philosophical tension has manifested in very concrete intrusions on American Indians' tribal sovereignty. On the one hand, tribal sovereignty guards; Search Snippet: ...on behalf of Indian tribes as well. For example, the Indian Child Welfare Act of 1978 [FN190] gave tribal communities control over the adoption of Indian children, [FN191] and the Native American Graves Protection and Repatriation Act... 2007
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
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
Annette R. Appell Bad Mothers and Spanish-speaking Caregivers 7 Nevada Law Journal 759 (Summer 2007) Children are an essential but often overlooked bounty in the regulation of race, culture, and rights. The role of children in perpetuating and enriching culture, moral value, and political power is surprisingly under-theorized in the critical literature. Indeed, there is very little discussion about child welfare in civil rights and critical race; Search Snippet: ...Native Americans Beginning in colonial times, missionaries undertook to educate Indian children into Anglo, Christian ways. [FN7] By the early 1800s, the... 2007
Patrice H. Kunesh Borders Beyond Borders -- Protecting Essential Tribal Relations off Reservation under the Indian Child Welfare Act 42 New England Law Review 15 (Fall 2007) Abstract: The year 2008 marks the thirtieth anniversary of the enactment of the Indian Child Welfare Act (ICWA), one of the most dynamic pieces of legislation in the field of federal Indian affairs, which irrevocably changed the traditional jurisdictional prerogatives of states in child custody matters. ICWA's jurisdictional scheme vests exclusive; Search Snippet: ...BEYOND BORDERS -- PROTECTING ESSENTIAL TRIBAL RELATIONS OFF RESERVATION UNDER THE INDIAN CHILD WELFARE ACT Patrice H. Kunesh [FNa1] Copyright (c) 2007 New... 2007
Jennifer S. Hendricks Essentially a Mother 13 William and Mary Journal of Women and the Law 429 (Winter, 2007) This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental; Search Snippet: ...children to survive and reproduce itself. The prospect of Spartan boarding schools in this country may seem an idle threat, but... 2007
Paul Kuruk Goading a Reluctant Dinosaur: Mutual Recognition Agreements as a Policy Response to the Misappropriation of Foreign Traditional Knowledge in the United States 34 Pepperdine Law Review 629 (2007) I. Introduction II. Part One: Protection of Native American Cultural Heritage A. Government Policy Towards Native Americans B. Legislative Initiatives on Cultural Heritage C. Tribal Courts' Control of Indigenous Heritage III. Part Two: Constitutional Issues in the Quest for Better Protection of Native American Cultural Heritage A. Traditional; Search Snippet: ...denominations with control over education on specific reservations; conversion of Indian children to Christianity was seen as a first step to assimilation ... Toward the end of the nineteenth century, Indian boarding schools were preferred. Youngsters would be taken by force, if... 2007
Katherine S. Vogel In re Phoenix L., 270 Neb. 870, 708 N.w.2d 786 (2006): an Analysis of Parental Rights and the Nebraska Indian Child Welfare Act 86 Nebraska Law Review 459 (2007) I. Introduction. 459 II. Background. 461 A. The Indian Child Welfare Act. 461 B. The Nebraska Indian Child Welfare Act. 463 C. The Collectivist Goals of the NICWA. 464 D. Parental Rights and Non-Indian Children: In re Phoenix. 465 III. Analysis. 470 A. Parental Rights under the ICWA. 471 B. Does the NICWA violate fundamental rights of Indian; Search Snippet: ...786 (2006): AN ANALYSIS OF PARENTAL RIGHTS AND THE NEBRASKA INDIAN CHILD WELFARE ACT Katherine S. Vogel Copyright (c) 2007 University of... 2007
Carla D. Pratt Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty Through Sexual Assimilation 2007 Wisconsin Law Review 409 (2007) I. Introduction. 410 II. Tribal Miscegenation Laws. 414 A. The Genesis of Tribal Laws Regulating Loving. 414 B. The Context of Indian Miscegenation Law. 417 1. Geographical Containment Creates Vulnerability. 417 2. State Sovereignty Versus Tribal Sovereignty. 418 3. Science and Education Influence Tribal Policy. 421 4. The Tribes Seek the; Search Snippet: 1918. [FN64] The Carlisle Indian School educated thousands of Indian children, including over five hundred from the Five Tribes. [FN65] The... 2007
Andrew Gilden Preserving the Seeds of Gender Fluidity: Tribal Courts and the Berdache Tradition 13 Michigan Journal of Gender & Law 237 (2007) Summary 237 I. Introduction 238 II. The Berdache Tradition 240 A. Native American and Euro-American Gender Systems Compared 240 B. Cultural Components of Berdachism 243 1. Child Autonomy 243 2. Gender Equality 244 3. Tribal Collectivism 245 III. The Erosion of Traditional Gender Construction 246 A. Early European Encounters 246; Search Snippet: ...suppression and subsequent transformation was the development of American-style boarding schools in which Native American children were required to enroll. These schools subjected the... 2007
Richard Delgado Rodrigo's Corrido: Race, Postcolonial Theory, and U.s. Civil Rights 60 Vanderbilt Law Review 1691 (November, 2007) Introduction: Enter Rodrigo, Sporting a New Persona. 1692 I. In Which Rodrigo Sets Out His New Synthesis: What the American Civil Rights Community Can Learn from Postcolonial Scholarship. 1695 A. In Which Rodrigo Explains the First Part of His Thesis: How Postcolonial Thought Can Enrich American Civil Rights Scholarship. 1697 B. In Which Rodrigo; Search Snippet: ...with his own people. This happened, of course, with American Indian, Alaskan Native, and Australian aboriginal children sent to English-speaking boarding schools. [FN59] But it can also happen to an adult... 2007
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