| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| Natsu Taylor Saito |
Race and Decolonization: Whiteness as Property in the American Settler Colonial Project |
31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) |
If we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for; Search Snippet: ...the Executive to engage in otherwise unconstitutional actions against American Indian nations with no semblance of judicial restraint, [FN71] resulting, for example, in generations of American Indian children being forced into abusive boarding schools, [FN72] and the government's failure to account for more... |
2015 |
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| S. James Anaya |
Report of the Special Rapporteur on the Rights of Indigenous Peoples on the Situation of Indigenous Peoples in the United States of America |
32 Arizona Journal of International and Comparative Law 51 (2015) |
C1-2Table of Contents Summary. 52 I. The indigenous peoples of the United States. 53 A. The diverse indigenous nations, tribes and communities. 53 B. The contributions of indigenous peoples to the broader society, despite negative stereotypes. 54 II. United States law and policy regarding indigenous peoples. 55 A. The basic framework. 55 B. The; Search Snippet: ...of federal programmes that are devised for their benefit; the Indian Child Welfare Act of 1978, which favours indigenous custody of indigenous... |
2015 |
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| Geoffrey D. Strommer, Stephen D. Osborne |
The History, Status, and Future of Tribal Self-governance under the Indian Self-determination and Education Assistance Act |
39 American Indian Law Review Rev. 1 (2014-2015) |
This year marks the 40th anniversary of the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), a cornerstone of modern federal Indian policy. In 1988, amendments to the ISDEAA created the Tribal Self-Governance Demonstration Project. By providing a statutory basis for the broader movement of tribal self-governance, this; Search Snippet: ...schools, but by the late nineteenth century the focus of Indian education had shifted to federal boarding schools so that students could be more completely removed from... |
2015 |
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| Martin Guggenheim |
The Importance of Family Defense |
48 Family Law Quarterly 597 (Winter, 2015) |
Over the past decade, there has been a growing national movement to advance the rights of parents and families in child welfare proceedings. Spearheaded by the National Parent Representation Steering Committee at the American Bar Association's Center on Children and the Law, the movement's purpose is to achieve procedural and social justice for all; Search Snippet: ...blight on American history is the practice of separating American Indian children from their families. Beginning near the end of the nineteenth century, the Bureau of Indian Affairs began using American Indian boarding schools in a planned effort to eradicate Indian culture. [FN7] The goal was to extirpate Indian custom and culture from Indian children by denying them the opportunity to speak in their native... |
2015 |
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| Kathleena Kruck |
The Indian Child Welfare Act's Waning Power after Adoptive Couple V. Baby Girl |
109 Northwestern University Law Review 445 (Winter 2015) |
Abstract--In the 1970s, state authorities began removing Indian children from their homes by the thousands and placing them into foster care, institutional housing, and with white families. To counteract this forced assimilation, Congress passed the Indian Child Welfare Act (ICWA) in 1978. The ICWA conferred many powers previously held by the; Search Snippet: ...Northwestern University Law Review Winter 2015 Notes and Comments THE INDIAN CHILD WELFARE ACT'S WANING POWER AFTER ADOPTIVE COUPLE V. BABY GIRL... |
2015 |
Yes |
| Amanda Rogerson |
The Tribal Trust and Government-to-government Consultation in a New Ecological Age |
93 Oregon Law Review 771 (2015) |
Introduction. 772 I. Climate Impacts to Tribal Cultures. 776 II. The Federal Indian Trust Doctrine. 778 A. Origins. 778 B. The Trust as Power over American Indians. 780 C. The Trust as Responsibility for Tribes. 784 III. Government-to-Government Consultation's Fulfillment of the Trust Doctrine Today. 786 IV. Reinterpreting the Trust Doctrine to; Search Snippet: ...FN61] In the name of civilization, the federal government prohibited Indians from engaging in religious practices, encouraged missionary activity on reservations, and sent Indian children to boarding schools. [FN62] In 1885, Congress also explicitly limited tribes' control... |
2015 |
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| Angela R. Riley , Adeleene M. Rockwell |
The United States Country Report of Special Rapporteur S. James Anaya: Reflections and Aspirations |
32 Arizona Journal of International and Comparative Law 183 (2015) |
C1-2Table of Contents I. Introduction. 183 II. Methodology and Findings. 185 III. Looking Towards International Human Rights Law. 188 IV. Recommendations and Aspirations. 190 V. Conclusion. 192; Search Snippet: ...Immense land dispossession, combined with the mass, forced removal of Indian children into Indian boarding schools furthered the stated American mission to kill the Indian, save the man. [FN14] Through these and other assimilative efforts, collective, tribal lands were broken up. Indian children were taken from their families, deprived of their languages, their... |
2015 |
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| Katerina Silcox |
Thompson V. Fairfax County Department of Family Services: Determining the Best Interests of the Indian Child |
10 Liberty University Law Review 141 (Fall, 2015) |
Children are a gift from the Lord - Psalm 127:3. Remember that your children are not your own, but are lent to you by the Creator. - Mohawk Proverb In the Virginia case of Thompson v. Fairfax County Department of Family Services, the Virginia Court of Appeals declined to recognize the so-called Existing Indian Family Exception (hereinafter; Search Snippet: ...DEPARTMENT OF FAMILY SERVICES: DETERMINING THE BEST INTERESTS OF THE INDIAN CHILD Katerina Silcox [FNd1] Copyright (c) 2015 the Liberty University Law... |
2015 |
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| Addie C. Rolnick |
Tribal Criminal Jurisdiction Beyond Citizenship and Blood |
39 American Indian Law Review 337 (2014-2015) |
Introduction. 338 I. A Patchwork of Rules. 348 A. Jurisdiction Ends at the Indian. 352 B. Jurisdiction Extends to Nonmember Indians. 360 1. Duro v. Reina. 361 2. The Duro Fix. 364 C. Who Is an Indian?. 369 1. Challenges to the Duro Fix. 372 2. Federal Court Review of Tribal Jurisdiction over Unenrolled People. 376 3. Federal Jurisdiction; Search Snippet: ...Tribal Law 439, 444 (Navajo 1999) Given the United States Indian education policy of sending Indian children to boarding schools, Indians in the armed services, modern population mobility, and other factors, there are high rates of intertribal intermarriage among American Indians. id. at 447-51 (discussing history of Indians from other... |
2015 |
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| Lorelei Laird |
Tribal Rights |
101-MAY ABA Journal 15 (May, 2015) |
When South Dakota's Pennington County petitioned to take custody of Madonna Pappan's children, the hearing lasted slightly more than 60 seconds. Pappan and her husband were not permitted to present any evidence supporting their continued custody, according to a subsequent lawsuit. After her husband asked the judge what he was allowed to say in; Search Snippet: ...TRIBAL RIGHTS South Dakota Class Action Highlights Violations of the Indian Child Welfare Act Lorelei Laird Copyright © 2015 by the American Bar... |
2015 |
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| |
A Bad Man Is Hard to Find |
127 Harvard Law Review 2521 (June, 2014) |
In January 2003, a young woman named Lavetta Elk got into a car with an Army recruiter whom she had known since she was sixteen. She believed that she had been accepted as an enlistee--her dream was to work eventually as an Army nurse--and that he was taking her for a medical evaluation. Instead, Staff Sergeant Joseph Kopf drove down a deserted; Search Snippet: ...for Uncivilized Acts: Filing Suit Against the Government for American Indian Boarding School Abuses, 4 Hastings Race & Poverty L.J. 45, 78-81... |
2014 |
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| Hope Babcock |
A Possible Solution to the Problem of Diminishing Tribal Sovereignty |
90 North Dakota Law Review 13 (2014) |
The capacity of Indian tribal sovereignty to protect tribes from outside encroachment and interference has steadily diminished from when the concept was first enunciated in the nineteenth century in the Marshall Indian Law Trilogy. This article assumes as a working premise that only bringing tribes into the Constitution as co-equal sovereigns will; Search Snippet: ...FN18] We, in turn, have a long history of destabilizing Indians--we forcibly removed them from lands they had occupied for... |
2014 |
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| 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: ...law. The Court's characterization of the broader aims of the Indian Child Welfare Act of 1978 and of biology's role within it... |
2014 |
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| 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 |
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| Angelique Townsend Eaglewoman (Wambdi A. Wastewin ) |
Balancing Between Two Worlds: a Dakota Woman's Reflections on Being a Law Professor |
29 Berkeley Journal of Gender, Law & Justice 250 (Summer 2014) |
There were many paths I considered as a young woman and none of them included becoming a law professor. My journey to my present life as a Dakota woman law professor is about balancing between the worlds I travel back and forth in. There is my tribal world, where I feel replenished and part of an on-going community experience stretching back to; Search Snippet: ...programs such as the Johnson O'Malley [FN4] education program for Indian children in public school systems, and later directly through my tribal... |
2014 |
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| Ann Piccard |
Death by Boarding School: "The Last Acceptable Racism" and the United States' Genocide of Native Americans |
49 Gonzaga Law Review 137 (2013-2014) |
For the survivor who chooses to testify, it is clear: His duty is to bear witness for the dead and for the living. He has no right to deprive future generations of a past that belongs to our collective memory. To forget would be not only dangerous but also offensive; to forget the dead would be akin to killing them a second time. I. Introduction; Search Snippet: ...LAW REVIEW Gonzaga Law Review 2013-2014 Article DEATH BY BOARDING SCHOOL: THE LAST ACCEPTABLE RACISM AND THE UNITED STATES' GENOCIDE OF NATIVE AMERICANS Ann Piccard [FNa1] Copyright (c) 2013 The Corporation of... |
2014 |
Yes |
| Carrie E. Garrow |
Government Law and Policy and the Indian Child Welfare Act |
86-APR New York State Bar Journal 10 (March/April, 2014) |
Since the formation of the United States, Indian nations and Indian people have been impacted by the numerous laws and policies focused on acquisition of Indian lands and assimilation of Indian people. These federal laws and policies led to states, such as New York, breaking up Indian families and removing Indian children from their homes in order; Search Snippet: ...Journal March/April, 2014 GOVERNMENT LAW AND POLICY AND THE INDIAN CHILD WELFARE ACT Carrie E. Garrow [FNa1] Copyright © 2014 by the... |
2014 |
Yes |
| Natsu Taylor Saito |
Life and Legal Fictions: Reflections on Margaret Montoya's Máscaras, Trenzas, Y Greñas |
32 Chicana/o-Latina/o Law Review 81 (2014) |
The choice is one that cannot be avoided; because of the social realities, the very act of writing, done by any person of color, necessarily becomes either a threat or an appeasement. --Nancy L. Cook Professor Margaret Montoya published Máscaras, Trenzas, y Greñas: Un/Masking the Self While Un/Braiding Latina Stories and Legal Discourse in 1994. It; Search Snippet: ...what Columbus symbolizes, as well as the harm done to Indian children by the glorification of conquest and genocide. [FN35] In 2004... |
2014 |
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| Melina Angelos Healey |
Montana's Rural Version of the School-to-prison Pipeline: School Discipline and Tragedy on American Indian Reservations |
75 Montana Law Review 15 (Winter, 2014) |
Introduction. 17 I. Foundations of the Pipeline. 18 A. The Nationwide School-to-Prison Pipeline. 18 B. Tribes and Reservations Examined in this Article. 21 II. Background and Approach. 23 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 23 III. The Data: The Presence of Pipeline Indicators in Montana. 25 A. The Harmful; Search Snippet: ...II. Background and Approach 23 A. The Legacy of American Indian Boarding Schools and Educational Segregation 23 III. The Data: The Presence... |
2014 |
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| Marie A. Failinger |
Moving Toward Human Rights Principles for Intercountry Adoption |
39 North Carolina Journal of International Law and Commercial Regulation 523 (Winter 2014) |
I. Introduction. 523 II. The Human Rights Instruments, Human Dignity, and Adoption. 529 III. Principles for Intercountry Adoption Following from Human Dignity. 536 A. The Realism Principle. 536 B. The Global Interdependence Principle. 549 1. The Consequences of Global Interdependence for Governmental Responsibilities for Adoptable Children. 550 2; Search Snippet: ...at least with older children. [FN220] The U.S. experience with boarding schools and adoption of American Indian children into white majority homes not prepared to address their cultural... |
2014 |
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