AuthorTitleCitationSummaryYearKey Term
Leo I. Brisbois Nine Days in June: Shaping Our Future; Valuing Our past 67-MAR Bench and Bar of Minnesota Minn. 6 (March, 2010) Boozhoo Niijii; Gdinimikoon. Hello, Friend; I greet you in a good way. Well into the first half of the 20th century, American Indian communities, the Ojibwe/Anishinaabe among them, tragically endured the often forced removal of children from their homes, sometimes for years. These children routinely were sent half-way across the continent to; Search Snippet: ...children routinely were sent half-way across the continent to boarding schools to be taught how not to be Indian. My own paternal grandparents were sent to boarding schools in Carlisle, PA, and Flandreau, SD. The Ojibwe/Anishinaabe... 2010  
Simone Lieban Levine NOT A GIRL, NOT YET A WOMAN: THE LEGAL LIMBO OF BEING A PARENT BEFORE BECOMING AN ADULT 37 Berkeley Journal of Gender, Law & Justice 75 (2022) Introduction. 76 I. The Reality of Underage Pregnancy. 80 A. Babies Having Babies: Blame, Shame, and Social Policy. 81 B. Putting It in Perspective: Statistics Related to Young Parenthood. 83 1. Social Outcomes for Young Parents and Their Children. 84 2. Birth Rates According to Age and Race. 85 3. Young Parenthood and Medical Care, Poverty, and... 2022  
Sarah Krakoff Not Yet America's Best Idea: Law, Inequality, and Grand Canyon National Park 91 University of Colorado Law Review 559 (Spring, 2020) Absolutely American, absolutely democratic, they reflect us at our best rather than our worst .. The national park idea, the best idea we ever had. --Wallace Stegner [P]arks are not America's best idea .. The best idea language has the potential to alienate more people than it attracts .. If asked to choose between the Grand Canyon or a; Search Snippet: ...desire to impose assimilationist policies on the Hopi. Specifically, federal Indian agent J.H. Fleming wanted clear authority to force Hopi families to send their children to distant boarding schools. [FN265] Further, the Executive Order stated that the reservation... 2020  
Carole Goldberg-Ambrose Of Native Americans and Tribal Members: the Impact of Law on Indian Group Life 28 Law and Society Review 1123 (1994) Law has influenced the shape of Indian group life by providing economic or political incentives for groups to organize along particular lines, by forcing groups into closer proximity with one another or separating them, and by creating an official vocabulary for the discussion of group life. The most striking effect of law has been to focus the; Search Snippet: ...regulation (Clean Air Act), gaming (Indian Gaming Regulatory Act), and Indian child welfare ( Indian Child Welfare Act). But these supportive actions have occurred within carefully... 1994  
Alexis A. Lury Official Insignia, Culture, and Native Americans: an Analysis of Whether Current United States Trademark Law Should Be Changed to Prevent the Registration of Official Tribal Insignia 1 Chicago-Kent Journal of Intellectual Property 137 (Fall, 1999) The United States is a multinational and multicultural country. As such, the United States must constantly balance the interests of the numerous cultural, ethnic, political and racial groups that exist within its borders. However, differences exist even within each of these groups. Of particular concern to the United States and its people are the; Search Snippet: ...established by a former military officer. Its philosophy of separating Indian children totally from their Indian environment and forcing them to adopt white ways became the basis for a widescale [sic] boarding school movement that eventually removed thousands of Indian children from their cultural settings and families Everything Indian came under attack. Indian feasts, languages, certain marriage practices, dances... 1999  
Matthew L.M. Fletcher On Indian Children and the Fifth Amendment 80 Montana Law Review 99 (Winter, 2019) Many of my first memories revolve around my grandmother Laura Mamagona's apartment in Grand Rapids, Michigan. She shared the apartment with my uncle Crockett, who was a college student. Her apartment was the upstairs room of an old house on the side of a hill on College Street. My memories are mostly of domestic activities. Cooking. Sweeping; Search Snippet: ...MONTANA LAW REVIEW Montana Law Review Winter, 2019 Essay ON INDIAN CHILDREN AND THE FIFTH AMENDMENT Matthew L.M. Fletcher [FNa1] Copyright © 2019... 2019  
Bret D. Asbury , Kevin Woodson On the Need for Public Boarding Schools 47 Georgia Law Review 113 (Fall, 2012) I. Introduction. 115 II. Limitations of Previous Reform Efforts. 122 A. THE INADEQUACY OF SCHOOL-FINANCE LITIGATION. 123 B. TESTING, SCAPEGOATING, AND EDUCATIONAL JUSTICE ON THE CHEAP. 126 III. Disadvantages Outside The Schoolhouse Door. 130 A. HOME LIFE. 132 B. THE ACUTE DANGERS AND DISADVANTAGES OF GROWING UP IN POOR NEIGHBORHOODS. 139 IV. KIPP; Search Snippet: ...Precedent. Critics of our proposal might object to a public- boarding-school model for educating young children from disadvantaged communities by... 2012 Boarding School
Hon. Donna M. Loring , Hon. Eric M. Mehnert , Joseph G.E. Gousse, Esq. ONE NATION, UNDER FRAUD: A REMONSTRANCE 75 Maine Law Review 241 (June, 2023) Abstract Introduction I. A River Runs Through It: An Historical Contextual Analysis of Tribal-Euromerican Relations--Statehood, Feeding the Lumber Boom, and the Theft of the Four TownshipsS (1820-1842) A. The Theft of the Four Townships: Fraudulent Dispossession of the Penobscot People B. The Lumber Boom and Maine's Rise to Economic Dominance II. A... 2023  
Suzianne D. Painter-Thorne One Step Forward, Two Giant Steps Back: How the "Existing Indian Family" Exception (Re)imposes Anglo American Legal Values on American Indian Tribes to the Detriment of Cultural Autonomy 33 American Indian Law Review 329 (2008-2009) This article describes the profound changes to American Indian kinship and social structures caused when European and Anglo American legal norms were imposed on American Indian tribes without respect for Indian culture or values. Although these sovereign nations were entitled to self-determination, they were for centuries subjected to laws crafted; Search Snippet: ...table and have them recognized in laws such as the Indian Child Welfare Act. But that progress has been short-lived. State... 2009  
Shanna C. Knight OREGON'S NEW INDIAN CHILD WELFARE ACT: HIGHLIGHTS FOR IDAHO PRACTITIONERS 65-FEB Advocate 22 (February, 2022) As an Idaho practitioner, unless you represent a tribe, you might be wondering why you should care about Oregon's new Indian Child Welfare Act (ORICWA). After all, Idaho practitioners are already required to follow the federal Indian Child Welfare Act (ICWA). If so, I would answer first that Oregon's new law demonstrates best practices that... 2022 Child Welfare
Juliana Moraes Liu Orphanages by Another Name 30-FALL Kansas Journal of Law & Public Policy 83 (Fall, 2020) Orphanages were a dominant part of the American child welfare landscape in the late-nineteenth and early-twentieth centuries. By 1900, nearly 1,000 orphanages housed approximately 100,000 children in the United States. Orphanages have been widely criticized over the years for their institutionalized treatment of children and their lasting effects; Search Snippet: neglect or abandonment where none exists. [FN149] Until the Indian Child Welfare Act of 1978 created legal barriers to prevent children... 2020  
Kurt Mundorff Other Peoples' Children: a Textual and Contextual Interpretation of the Genocide Convention, Article 2(e) 50 Harvard International Law Journal 61 (Winter 2009) The 1948 Genocide Convention, Article 2(e) declares that the forcible transfer of children from a protected group to another group is an act that amounts to genocide when it is conducted with intent to destroy the group, as such, at least in part. Although listed co-equally with mass killing and forced sterilizations, and despite what appear; Search Snippet: ...groups. Finally, this Article highlights several programs, including the American Indian boarding school program and Australia's Aboriginal removal programs, and argues that... 2009  
Tim Connors Our Children Are Sacred 50 Judges' Journal 33 (Spring, 2011) Seven generations ago someone was praying for us. We are the answer to their prayers. We take this responsibility seriously. When you are working with our children, it is sacred work. Our children are sacred. My mother Donna Lou was born in 1939. She and her family lived on Beaver Island in Michigan. After my grandmother died, my mother was; Search Snippet: ...Journal Spring, 2011 Feature OUR CHILDREN ARE SACRED Why the Indian Child Welfare Act Matters Judge Tim Connors [FNa1] Copyright © 2011 by... 2011  
Ruthann Robson Our Children: Kids of Queer Parents & Kids Who Are Queer: Looking at Sexual Minority Rights from a Different Perspective 64 Albany Law Review 915 (2001) Much of the conservative right's rhetoric in the realm of minority sexualities has focused on children. Drawing on themes of disease and seduction, Christian fundamentalists have portrayed gay men and lesbians as predators who target children, hoping to seduce them into a life of depravity and disease. As Jeffrey Weeks noted many years ago, it; Search Snippet: ...American children was finally addressed by Congress, resulting in the Indian Child Welfare Act of 1978. [FN49] Meanwhile, the persecution of sexual... 2001  
Marian E. Saksena Out-of-home Placements for Abused, Neglected, and Dependent Children in Minnesota: a Historical Perspective 32 William Mitchell Law Review 1007 (2006) I. Introduction. 1007 II. Social Background. 1009 III. Orphanages. 1011 A. Private, Non-Sectarian Orphanages: Washburn Memorial Orphan Asylum. 1014 B. Private, Non-Sectarian, Culturally Specific Orphanages: Crispus Attucks Colored Orphanage and Old Folks Home. 1017 C. Public Orphanages: Minnesota State Public School for Dependent and Neglected; Search Snippet: ...Private Religious Orphanages: St. Josesph's Home for Children 1029 IV. Indian Boarding Schools 1033 V. Orphan Trains 1040 VI. Paid Foster Homes... 2006  
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  
Kari E. Hong Parens Patri[archy]: Adoption, Eugenics, and Same-sex Couples 40 California Western Law Review Rev. 1 (Fall 2003) Introduction. 2 I. Historical Overview of Adoption Placement Practices in the United States. 11 A. Early History of Adoption in the United States: From Private Bills to Orphan Trains. 12 B. The Fall and Rise of Adoption: Eugenics to the Cold War. 19 C. Historical Examination of Contemporary Justifications for Adoption Bans. 31 1. Indian Child; Search Snippet: ...Historical Examination of Contemporary Justifications for Adoption Bans 31 1. Indian Child Welfare Act: Superiority of Nuclear Family and Proper Gender Role... 2003  
Kevin Noble Maillard Parental Ratification: Legal Manifestations of Cultural Authenticity in Cross-racial Adoption 28 American Indian Law Review 107 (2003/2004) The question Who is Indian? marks a standard subject of academic inquiry, but to ask who decides and how is much more interesting. In Indian country, state and tribal standards for determining Indian may belie personal and private definitions of identity. While I believe that identity should be self-defined, the unavoidable truth persists; Search Snippet: ...Following the standards established by the federal government in the Indian Child Welfare Act (ICWA), [FN1] state courts have held that being... 2004  
S. Lisa Washington PATHOLOGY LOGICS 117 Northwestern University Law Review 1523 (2023) Abstract--Every year, thousands of marginalized parents become ensnared in the family regulation system, an apparatus more commonly referred to as the child welfare system. In prior work, I examined how the coercion of domestic violence survivors in the family regulation system perpetuates harmful knowledge production and serves to legitimize... 2023  
Courtney Lewis Pathway to Permanency: Enact a State Statute Formally Recognizing Indian Custodianship as an Approved Path to Ending a Child in Need of Aid Case 36 Alaska Law Review 23 (June, 2019) Alaska has a disproportionate number of Alaska Native youth in foster care, and an overburdened and understaffed state child welfare agency. This Article argues that Alaska should enact a state statute to provide clear guidance to state child welfare practitioners and state courts that Alaska's state government recognizes an Indian custodianship; Search Snippet: ...created through Tribal law or custom as a pathway for Indian children to exit the overburdened state foster care system. Alaska's state... 2019  
Andrea Wallace Patriotic Racism: an Investigation into Judicial Rhetoric and the Continued Legal Divestiture of Native American Rights 8 DePaul Journal for Social Justice 91 (Winter 2014) It is difficult to get a man to understand something when his salary depends on his not understanding it.-- Upton Sinclair Americans live in a country where race was once legally institutionalized. In fact, it was only 50 years ago that the United States' legal system officially ceased to operate as a mechanism that explicitly condoned racism; Search Snippet: ...removal became so common that by 1978, Congress declared an Indian child welfare crisis of massive portions. [FN196] To counter this crisis, Congress enacted the Indian Child Welfare Act of 1978, requiring state courts to apply Native... 2014  
Katelyn Elrod PEOPLE EX REL. K.C. v. K.C.: ICWA IS FOR ALL NATIVE CHILDREN 100 Denver Law Review 465 (Winter, 2023) In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to address a national issue--child welfare agencies were removing American Indian and Alaska Native children from their homes and placing them in non-Native homes at alarming rates. Systemic bias against Native cultures fueled these removals, which resulted in Native children being... 2023 Child Welfare
Daniel E. Witte People V. Bennett: Analytic Approaches to Recognizing a Fundamental Parental Right under the Ninth Amendment 1996 Brigham Young University Law Review 183 (1996) C1-3Table of Contents I. INTRODUCTION. 186 II BACKGROUND: THE HISTORICAL EVOLUTION OF UNITED STATES PARENTAL RIGHTS JURISPRUDENCE. 190 A. English and Early American Common Law Pertaining to Parental Rights. 190 B. Analysis of Parental Rights Under the Constitution. 193 C. Emergence of an Alternative Education Subculture. 195 III. PEOPLE V. BENNETT; Search Snippet: ...the detriment of a loving and nurturing family situation . Native Americans have explained how public education was used as a tool in the United States campaign to undermine Native American culture: [T]he fall of each year was pretty similar... 1996  
Angelique EagleWoman , (Wambdi A. Was'teWinyan) PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION 47 Mitchell Hamline Law Review 640 (April, 2021) I. Introduction. 641 II. Doctrine of Discovery, British Treaty-Making to U.S. Treaty-Making. 642 A. The Treaty of Niagara in 1764. 645 B. British Colonies form the United States of America. 647 III. Permanent Homelands and Treaty Relationships. 648 A. U.S. Constitution and Tribal Nations. 649 B. Status of American Indians and Imposition of U.S.... 2021  
Christine Metteer Pigs in Heaven: a Parable of Native American Adoption under the Indian Child Welfare Act 28 Arizona State Law Journal 589 (Summer, 1996) For eighteen years the Indian Child Welfare Act (ICWA) has provided protection against the removal of Indian children from their Indian culture. Such protection is afforded not only to Indian children and Indian parents, but also, and of equal importance, to Indian tribes. However, a recent California case, In re Bridget R., has raised questions; Search Snippet: ...IN HEAVEN: A PARABLE OF NATIVE AMERICAN ADOPTION UNDER THE INDIAN CHILD WELFARE ACT Christine Metteer [FNa1] Copyright (c) 1996 by the... 1996 Child Welfare
David M. Osterfeld Plastic Indians, Nazis, and Genocide: a Perspective on America's Treatment of Indian Nations 22 American Indian Law Review 623 (1998) Ward Churchill, Indians are Us? Culture and Genocide in Native North America, Common Courage Press, 1994 $14.95 Sizzling the moisture laden air, the hot summer sun creates a sticky incumbrance on human skin. As the wind whistles through the drooping power lines which plague the reservation like a swarm of locusts, damp creosote and sagebrush mix,; Search Snippet: ...for German expansion). (pp. 28 & 36). 2.) Compulsory transfer of Indian children from their families to euroamerican families and the sterilization of... 1998  
Caitlain Devereaux Lewis Policies of Inequity - a World Apart: a Comparison of the Policies Toward Indigenous Peoples of a Post-colonial Developing Nation to Those of a Post-industrial Developed Nation 37 American Indian Law Review 423 (2012-2013) A people once numerous, powerful, and truly independent, found by our ancestors in the quiet and uncontrolled possession of an ample domain, gradually sinking beneath our superior policy, our arts and our arms, have yielded their lands . . ., until they retain no more of their formerly extensive territory than is deemed necessary to their; Search Snippet: ...Indonesian educational system are quite comparable to those of the Indian boarding schools established during the Allotment and Assimilation Periods of Federal Indian law to inculcate [ Indian children] with American culture, language, and religion. [FN108] In Indonesia, [c]ultural... 2013  
I. Bennett Capers POLICING "BAD" MOTHERS: THE SCHOOL FOR GOOD MOTHERS. BY JESSAMINE CHAN. NEW YORK, N.Y.: SIMON & SCHUSTER. 2022. PP. 324. $17.99. TORN APART: HOW THE CHILD WELFARE SYSTEM DESTROYS BLACK FAMILIES--AND HOW ABOLITION CAN BUILD A SAFER WORLD. BY DOROTHY ROBERT 136 Harvard Law Review 2044 (June, 2023) Jessamine Chan's The School for Good Mothers is not a great book. I don't mean that in the sense the writer Judith Newman did when she wrote in the New York Times Book Review one Mother's Day: No subject offers a greater opportunity for terrible writing than motherhood. Rather, I simply mean The School for Good Mothers isn't great literature. I... 2023 Child Welfare
Peggy Cooper Davis Post-colonial Constitutionalism 44 New York University Review of Law and Social Change Change 1 (2019) This Article is drawn from remarks delivered by Professor Peggy Cooper Davis at the inaugural Elie Hirschfeld Symposium on Racial Justice in the Child Welfare System, held on January 23, 2019. For a full transcript of Professor Cooper Davis' remarks, see Appendix at the end of this issue. I. Introduction. 1 II. In what sense are we a post-colonial; Search Snippet: ...undertakes a kind of cultural or educational conversion. Kidnapping of Native children to boarding schools for socialization comes to mind, [FN1] as do the... 2019  
Sandra C. Ruffin Postmodernism, Spirit Healing, and the Proposed Amendments to the Indian Child Welfare Act 30 McGeorge Law Review 1221 (Summer, 1999) There is only one child and her name is Children A Native American Saying Nothing in this article is true; it's just the way things are. The suicide rate among Indian youths is twice the national average. Social scientists directly attribute this aggravated rate to the identity crisis resulting from Indian children being raised outside of their; Search Snippet: ...Article POSTMODERNISM, SPIRIT HEALING, AND THE PROPOSED AMENDMENTS TO THE INDIAN CHILD WELFARE ACT Sandra C. Ruffin [FNa1] Copyright (c) 1999 McGeorge... 1999 Child Welfare
Matthew L.M. Fletcher , Randall F. Khalil PREEMPTION, COMMANDEERING, AND THE INDIAN CHILD WELFARE ACT 2022 Wisconsin Law Review 1199 (2022) This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in... 2022 Child Welfare
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  
Kirsten Matoy Carlson Priceless Property 29 Georgia State University Law Review 685 (Spring, 2013) In 2011, the poorest American Indians in the United States refused to accept over one billion dollars from the United States government. They reiterated their long-held belief that money--even $1.3 billion--could not compensate them for the taking of their beloved Black Hills. A closer look at the formation of the Sioux claim to the Black Hills; Search Snippet: ...Sioux children, Zitkala-Sa left the reservation to attend a boarding school where Indian children were forced to abandon their native languages and cultures and expected to assimilate. [FN160] She experienced... 2013  
  Privatization of Federal Indian Schools: a Legal Uncertainty 116 Harvard Law Review 1455 (March, 2003) Throughout the world of education, a debate has raged over the desirability of private school management corporations (PMCs) operating the public education system. Private corporations are greatly attracted to managing public schools. Education, in theory, is a lucrative business. Primary and secondary education, the largest segment of the; Search Snippet: ...Historically, the federal government has assumed the responsibility of educating Indian children. Initially, its Indian education strategy consisted of assimilation and civilization. [FN3] The Bureau of Indian Affairs (BIA), created under the War Department in 1824 [FN4... 2003  
Kristen A. Carpenter, Angela R. Riley Privatizing the Reservation? 71 Stanford Law Review 791 (April, 2019) Abstract. The problems of American Indian poverty and reservation living conditions have inspired various explanations. One response advanced by some economists and commentators, which may be gaining traction within the Trump Administration, calls for the privatization of Indian lands. Proponents of this view contend that reservation poverty is; Search Snippet: ...listen to Survivors, communities and others affected by abuse of Indian children in government-run boarding schools. [FN456] Based on the testimony it received, the Commission... 2019  
Catherine Y. Kim Procedures for Public Law Remediation in School-to-prison Pipeline Litigation: Lessons Learned from Antoine V. Winner School District 54 New York Law School Law Review 955 (2009/2010) As described throughout this issue, the school-to-prison pipeline refers to policies and practices that systemically push at-risk youth out of mainstream public schools and into the juvenile or criminal justice systems. Students in K-12 public schools are subject to exclusionary school discipline practices of suspension or expulsion with; Search Snippet: ...attitudes was embodied in the assimilation policy of removing American Indian children from their homes and placing them in boarding schools, popularized as Kill the Indian, Save the Man. See U.S. Comm'n on Civil Rights, A... 2010  
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  
Joanna Woolman , Sarah Deer Protecting Native Mothers and Their Children: a Feminist Lawyering Approach 40 William Mitchell Law Review 943 (2014) I. Introduction. 944 II. Background: Native American Experiences with Child Protective Services. 947 A. Precolonial Native Motherhood. 947 B. Colonization and Native Mothers. 950 1. Missionary Belief Systems About the Cultural Inferiority of Native Women's Mothering Skills. 950 2. Native Mothers and the Early American Child Protection System. 951; Search Snippet: ...while indigenous motherhood was pathological. [FN34] Throughout the United States, Native children were removed from tribal nations by force, fraud, or deceit to be sent to government and church-run boarding schools. [FN35] Some children were shipped thousands of miles from... 2014  
Allison M. Dussias Protecting Pocahontas's World: the Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project 36 American Indian Law Review Rev. 1 (2012) I. Introduction. 3 II. The Past Is Always with Us: Mattaponi Dispossession and Persistence. 6 A. Envisioning Pocahontas's World. 8 1. Water. 11 2. Fish. 15 3. Land. 17 B. Dispossessing the Powhatan Tribes. 20 1. Claims to Land, Maize, and People. 21 2. Treaties and Reservations. 27 C. Perseverance, Adaptation, and Survival. 33 1. The Eighteenth; Search Snippet: the certificates. [FN305] He pressured school superintendents to remove Indian children from white schools, [FN306] and attempted (usually without success) to... 2012  
Mary Christina Wood Protecting the Attributes of Native Sovereignty: a New Trust Paradigm for Federal Actions Affecting Tribal Lands and Resources 1995 Utah Law Review 109 (1995) I. Introduction. 111 II. Methodology for Establishing Standards of Fiduciary Care in the Indian Trust Context. 113 A. The Beacon of Fiduciary Obligation: The Best Interest Standard. 114 1. Applicability of Private Fiduciary Standards. 114 2. Statutory Standards as Substitutes for Fiduciary Obligations. 117 3. Constitutional Standards. 121 B. The; Search Snippet: ...FN494] During this period, the government directly and brutally suppressed native religious activity on the reservations, [FN495] fueled Christian evangelical efforts in Indian Country, [FN496] and forcibly removed Indian children from their reservations to offreservation boarding schools. [FN497] While these federal efforts to eradicate native religion... 1995  
Adam Crepelle PROTECTING THE CHILDREN OF INDIAN COUNTRY: A CALL TO EXPAND TRIBAL COURT JURISDICTION AND DEVOTE MORE FUNDING TO INDIAN CHILD SAFETY 27 Cardozo Journal of Equal Rights & Social Justice 225 (Spring, 2021) C1-2Table of Contents I. Introduction. 226 II. Child Abuse Data and Its Effects. 229 III. Explaining the High Rates of Child Maltreatment in Indian Country. 232 A. Jurisdictional Confusion. 232 B. Lack of Law Enforcement Resources. 238 C. Lack of Access to Criminal Databases. 241 D. Inadequate Healthcare and Social Services. 244 E. Socioeconomics.... 2021  
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  
Alisha Desai , David DeMatteo , Kirk Heilbrun , Ryan Holliday , Claire Lankford , John Rotrosen PUBLIC PERCEPTION ON POLICIES TO ADDRESS PRENATAL SUBSTANCE USE: RECOMMENDATIONS REGARDING MATERNAL CRIMINAL PROSECUTION AND CHILD WELFARE 29 Psychology, Public Policy, and Law 402 (August, 2023) Despite notable rates of neonatal alcohol and drug withdrawal, there is little consensus regarding best practices for legal intervention in the United States. Criminal and child welfare outcomes, and legislative efforts, have varied widely and occasionally resulted in unintended consequences. Following the Supreme Court of the United States' ruling... 2023 Child Welfare
Robert B. Porter Pursuing the Path of Indigenization in the Era of Emergent International Law Governing the Rights of Indigenous Peoples 5 Yale Human Rights and Development Law Journal 123 (2002) This Article argues that the meaningful revitalization of Indigenous nations depends upon engaging in a process of indigenization, the active pursuit of a distinct developmental path, culture, and identity. Significant barriers to indigenization include not only political, economic, and social obstacles, but also psychological reliance upon the; Search Snippet: ...had generated considerable success in the twentieth century. From the boarding and missionary schools that were established, a new class of civilized Indians emerged to help carry out America's Indian assimilation agenda. These people and their like-minded descendants are... 2002  
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  
Joy Barber RACE TO JURISDICTION: FORUM DETERMINATION IN DV-RELATED CHILD CUSTODY ACTIONS WHEN SURVIVORS FLEE ACROSS RESERVATION LINES 82 Montana Law Review 259 (Summer, 2021) You are a state district court judge in a small town just outside an Indian reservation. Before you is a dissolution petition with a parenting plan brought by the mother of two children. All three are tribal members. The family has primarily lived on the reservation for the previous four years. However, after being severely beaten by her non-Indian... 2021  
George A. Martinez Race, American Law and the State of Nature 112 West Virginia Law Review 799 (Spring, 2010) L1-2Abstract L3799 I. Introduction. 800 II. State of Nature Theory: Hobbes and Spinoza. 802 A. Hobbes. 803 B. Spinoza. 805 III. Racial Minorities in the State of Nature. 806 A. African-Americans and the State of Nature. 806 B. Native Americans and the State of Nature. 811 C. Mexican-Americans and Lack of Constraint. 815 D. Immigration and Plenary; Search Snippet: ...Native American children from their families); Gaylene J. McCartney, American Indian Child-Welfare Crisis: Cultural Genocide or First Amendment Preservation? 7 Colum... 2010  
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  
Tanya Asim Cooper Racial Bias in American Foster Care: the National Debate 97 Marquette Law Review 215 (Winter, 2013) In disproportionately high numbers, Native American and African American children find themselves in the American foster care system. Empirical data establish that these children are removed from their families at greater rates than other races and stay in foster care longer, where they are often abused, neglected, and then severed from their; Search Snippet: ...these families remains a terrible blight. [FN102] Heralded as the Boarding School era that lasted over 100 years, [FN103] many Native American children were involuntarily rounded up, removed from their families, and sent hundreds of miles away to boarding schools. [FN104] As part of the federal government's assimilation policy... 2013  
Angela Onwuachi-Willig , Anthony V. Alfieri RACIAL TRAUMA IN CIVIL RIGHTS REPRESENTATION 120 Michigan Law Review 1701 (June, 2022) Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of... 2022  
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