| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| 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 |
|
| Senator Byron L. Dorgan, Joanne Shenandoah |
Ending Violence So American Indian Alaska Native Children Can Thrive |
40-MAY Human Rights 10 (May, 2015) |
The children of the first Americans should not be left behind. Yet, that is what American Indian and Alaska Native (AI/AN) children have been facing for decades. Inadequate schools, housing, health care, and more have created conditions that cannot continue. These children have been disadvantaged by the false promises that were made to American; Search Snippet: ...land, culture, and language and the abuse of generations of Native children in American boarding schools. We heard that, through a tragic history of broken... |
2015 |
|
| Bethany R. Berger |
In the Name of the Child: Race, Gender, and Economics in Adoptive Couple V. Baby Girl |
67 Florida Law Review 295 (January, 2015) |
On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case was ostensibly about a dispute between prospective adoptive parents and a biological father. But this Article demonstrates that; Search Snippet: ...Court decided Adoptive Couple v. Baby Girl , holding that the Indian Child Welfare Act did not permit the Cherokee father in that... |
2015 |
|
| Nizhone Meza |
Indian Education: Maintaining Tribal Sovereignty Through Native American Culture and Language Preservation |
2015 Brigham Young University Education and Law Journal 353 (2015) |
The United States government has attempted to accommodate, assimilate, and terminate the Indian since declaring its Independence. Indian Education Policy was no different as it duplicated the general Federal Indian Policy making an indirect substantial impact on tribal sovereignty. This impact is felt today as traditional Native American languages; Search Snippet: ...to encourage individual identity as opposed to tribal identity of Indian children by teaching them how to work and understand the possession... |
2015 |
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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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| Kate Shearer |
Mutual Misunderstanding: How Better Communication Will Improve the Administration of the Indian Child Welfare Act in Texas |
15 Texas Tech Administrative Law Journal 423 (Summer, 2014) |
I. Introduction. 423 II. Background: A Juxtaposition of the Primary Goals for Removed Children Under the Indian Child Welfare Act and Under the Texas Department of Family and Protective Services. 425 A. The Goals of Child Protective Services Following Removal. 425 1. Best Interests of the Child. 425 2. Permanency Plan. 426 3. Minimum Sufficient; Search Snippet: ...MISUNDERSTANDING: HOW BETTER COMMUNICATION WILL IMPROVE THE ADMINISTRATION OF THE INDIAN CHILD WELFARE ACT IN TEXAS Kate Shearer Copyright (c) 2014 The... |
2014 |
Yes |
| 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 |
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| 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 |
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| Kristina M. Campbell |
Rising Arizona: the Legacy of the Jim Crow Southwest on Immigration Law and Policy after 100 Years of Statehood |
24 Berkeley La Raza Law Journal L.J. 1 (2014) |
United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its papers please law, SB 1070, the American; Search Snippet: ...inequality in Arizona education occurred in the case of American Indians, who were taken from their families of origin and enrolled in the Phoenix Indian Industrial Boarding School with the goal of assimilating them to White culture. [FN179] 2. The Phoenix Indian Industrial Boarding School (The Phoenix Indian School) Like many States, Arizona has a long and shameful... |
2014 |
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| Natsu Taylor Saito |
Tales of Color and Colonialism: Racial Realism and Settler Colonial Theory |
10 Florida A & M University Law Review 1 (Fall 2014) |
Introduction. 3 I. Dreams Deferred. 9 A. Liberatory Visions. 9 B. Persistent Disparities. 13 C. Retrenchment and Repression. 16 D. Racial Realism and Colonial Relations. 20 II. Colonial relations. 22 A. Colonialism: An Overview. 23 B. Settler Colonization. 25 C. Triangulation. 28 III. Recasting the Narrative. 30 A. Settler Origin Stories. 31 B. The; Search Snippet: ...FN185] and the forced relocation of about half of all Native children, for some five generations, to boarding schools whose stated mission was to kill the Indian, save the man in each student. [FN186] The unconstrained power... |
2014 |
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| Jane Burke |
The "Baby Veronica" Case: Current Implementation Problems of the Indian Child Welfare Act |
60 Wayne Law Review 307 (Spring, 2014) |
Save Veronica has become a common phrase in the American South over the past year. It appears on the signs of local businesses, is stamped on light purple bracelets, and is the rallying cry for fundraisers, candlelight vigils, and cupcake sales on holidays. It is the topic of many newspaper articles and television news broadcasts and was recently; Search Snippet: ...Note THE BABY VERONICA CASE: CURRENT IMPLEMENTATION PROBLEMS OF THE INDIAN CHILD WELFARE ACT Jane Burke Copyright © 2014 by Wayne State University... |
2014 |
Yes |
| Wenona T. Singel |
The First Federalists |
62 Drake Law Review 775 (Spring 2014) |
One aspect of federalism's values that scholars and the courts have largely ignored is their relevance to tribal governance. As sovereigns within the United States that govern with a measure of de jure autonomy, Indian tribes are important agents of self-rule within the United States' federal system. The tribal exercise of sovereignty, while not; Search Snippet: ...of child guardianship proceedings, and murder. [FN157] The dispossession of Indian lands also occurred simultaneously with the wholesale removal of Indian children from their families; during the latter quarter of the 19th century, federal appropriations for Indian boarding schools grew dramatically year after year, [FN158] as Captain Richard Pratt implemented a program to kill the Indian . . . to save the man. [FN159] The legal incorporation of |
2014 |
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| Anita Ortiz Maddali |
The Immigrant "Other": Racialized Identity and the Devaluation of Immigrant Family Relations |
89 Indiana Law Journal 643 (Spring, 2014) |
This Article explores how current terminations of undocumented immigrants' parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the; Search Snippet: ...sprang. [FN49] Similarly, in the 1800s-at a time when Native Americans were still denied American citizenship-Christian missionaries, and later the federal government, forcibly removed Native American children from their homes and placed them in boarding schools. [FN50] [T]he aim was the assimilation of Indian children into Anglo-American society. [FN51] According to Tsianina Lomawaima, a professor specializing in American Indian Studies, |
2014 |
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| Shawn L. Murphy |
The Supreme Court's Revitalization of the Dying "Existing Indian Family" Exception |
46 McGeorge Law Review 629 (2014) |
C1-2Table of Contents I. Introduction. 630 II. Background: What is the Indian Child Welfare Act and the Existing Indian Family Exception?. 631 A. History of ICWA. 631 B. To Whom and When Does ICWA Apply?. 632 C. What Does ICWA Provide?. 633 1. ICWA as a Jurisdictional Statute. 633 2. ICWA Provides Special Protections for Indian Parents and; Search Snippet: ...of Contents I. Introduction 630 II. Background: What is the Indian Child Welfare Act and the Existing Indian Family Exception 631 A... |
2014 |
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| Julie Sobotta Kane |
Why Applying the Indian Child Welfare Act Is Worth the Hassle |
57-OCT Advocate 28 (October, 2014) |
After practicing for many years in the area of Indian Law, I often heard complaints about the application of the Indian Child Welfare Act (ICWA) in child protection cases. The Act requires state courts to notify Indian Tribes when members of their tribes are subjects of a proceeding. It also requires higher standards of proof when placing children; Search Snippet: ...5285413 ADVOCATE Advocate October, 2014 Section Article WHY APPLYING THE INDIAN CHILD WELFARE ACT IS WORTH THE HASSLE Julie Sobotta Kane [FNa1... |
2014 |
Yes |
| Danielle J. Larson |
You're Breaking Up: the Faulty Connection Between Congressional Intent and Supreme Court Interpretation in Adoptive Couple V. Baby Girl, 133 S. Ct. 2552 (2013) |
93 Nebraska Law Review 517 (2014) |
I. Introduction. 518 II. Background. 519 A. Legislative History of ICWA. 519 1. Indian Child Removal Pre-ICWA. 519 2. Factors Driving Removal Rates. 520 a. Physical Abuse. 520 b. Ethnocentrism. 520 c. Institutional Structure. 523 B. Overview of ICWA. 524 C. Existing Indian Family Exception. 525 D. Mississippi Band of Choctaw Indians v. Holyfield; Search Snippet: ...II. Background 519 A. Legislative History of ICWA 519 1. Indian Child Removal Pre-ICWA 519 2. Factors Driving Removal Rates 520... |
2014 |
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| Kelsey Vujnich |
A Brief Overview of the Indian Child Welfare Act, State Court Responses, and Actions Taken in the past Decade to Improve Implementation Outcomes |
26 Journal of the American Academy of Matrimonial Lawyers 183 (2013) |
Since the Indian Child Welfare Act (hereafter ICWA) was adopted in 1978 by the U.S. Congress, various courts have struggled with its application, at times coming to different conclusions regarding various terms in the statute and producing different outcomes by state. Differences among state court decisions range from philosophical differences as; Search Snippet: ...of Matrimonial Lawyers 2013 Comment A BRIEF OVERVIEW OF THE INDIAN CHILD WELFARE ACT, STATE COURT RESPONSES, AND ACTIONS TAKEN IN THE... |
2013 |
Yes |
| Carole Goldberg |
A Native Vision of Justice |
111 Michigan Law Review 835 (April, 2013) |
The Surrounded. By D'Arcy McNickle. New York: Dodd Mead. 1936. (University of New Mexico Press 1978 ed.). Pp. 297. $23.95. That's the way it goes now; the old law is not used and nobody cares about the new. Old Modeste The Surrounded (p. 207) He could tell himself, as he stood there, not only listening but seeing, that of all joys, there was none; Search Snippet: ...in the local Catholic mission school and in a federal Indian boarding school. For different reasons, neither parent wanted him to pursue... |
2013 |
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| Sonia M. Gipson Rankin |
Black Kinship Circles in the 21 Century: Survey of Recent Child Welfare Reforms and How it Impacts Black Kinship Care Families |
12 Whittier Journal of Child and Family Advocacy 1 (Spring, 2013) |
The Black American community has been celebrated for the historical success of kinship care. Children not living with biological parents are enveloped by relatives, friends, and community members in order to create a resilient people often reared in the harshest of American socio-economic conditions. Our federal government, states, and communities; Search Snippet: ...plays in the development of a child would be the Indian Child Welfare Act of 1978 ( 25 U.S.C. §§ 1901 1963 (1978... |
2013 |
Yes |
| Craig J. Dorsay , Partner, Dorsay & Easton LLP |
Blood Quantum Issues and Other Challenges for Tribal Attorneys and Their Clients |
2013 Aspatore 5293044 (October, 2013) |
The Indian Self-Determination Education Assistance Act of 1975 (ISDEAA) essentially crystallized a requirement that tribes have formal membership regulations to receive federal benefits/services. Before that time, the provision of federal services was not dependent upon tribes being federally recognized. For example, the members of one of the; Search Snippet: ...Advisory Council, in Washington, under state rules, and the Local Indian Child Welfare Advisory Committee (LICWAC). Also, the Indian Child Welfare Act of 1978 has a couple of provisions that... |
2013 |
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| Amy Gilbert |
Community-based Child Care in Ethiopia Vs. The Individual Centered Model in the United States: a Closer Examination of Family Group Decision Making in Child Placement |
33 Children's Legal Rights Journal 348 (Fall, 2013) |
The Federal Democratic Republic of Ethiopia is the oldest independent country in Africa, rich with history and cultural tradition. Although Ethiopia is the second most populous nation and one of the fastest growing non-oil economies on the African continent, it still remains one of the poorest and most primitive countries in the world. Throughout; Search Snippet: ...result of this practice, the U.S. government eventually passed the Indian Child Welfare Act of 1978 (ICWA), [FN131] recognizing a predominately tribal... |
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Conference Transcript: Heeding Frickey's Call: Doing Justice in Indian Country |
37 American Indian Law Review 347 (2012-2013) |
HEEDING PHIL FRICKEY'S CALL: THE ISSUES IN INDIAN COUNTRY. 348 Matthew L.M. Fletcher, Professor of Law and Director of the Indigenous Law & Policy Center, Michigan State University College of Law. 348 Joseph Heath, Attorney at Law, Onondaga Nation General Counsel. 351 Pat Sekaquaptewa, Executive Director, Nakwatsvewat Institute. 358 ENVIRONMENTAL; Search Snippet: ...a history of federal policies such as mandatory placement of Indian children in boarding schools and the Indian Adoption Project. [FN67] These federal policies that weaken family structures... |
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| Karen Gray Young |
Do We Have it Right this Time? An Analysis of the Accomplishments and Shortcomings of Washington's Indian Child Welfare Act |
11 Seattle Journal for Social Justice 1229 (Spring, 2013) |
Jessie Scheibner's eyes cloud with tears and her voice trembles as she talks about the day, almost 70 years ago, when a stranger's car pulled up to her parents' home on the Port Gamble S'Klallam Reservation and took her and her two sisters away. The memories of that car ride when she was three and the years spent in one foster home after another; Search Snippet: ...TIME? AN ANALYSIS OF THE ACCOMPLISHMENTS AND SHORTCOMINGS OF WASHINGTON'S INDIAN CHILD WELFARE ACT Karen Gray Young [FNa1] Copyright © 2013 by Seattle... |
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| Ziwei Hu |
Equity's New Frontier: Receiverships in Indian Country |
101 California Law Review 1387 (October, 2013) |
Southern California's Coachella Valley is one of the poorest regions in the country. Its location in Riverside County--which is within close proximity to some of the nation's wealthiest citizens and also the U.S.-Mexico border--along with the county's dependence on the agriculture industry has contributed to a significant demand for low-wage farm; Search Snippet: ...law was passed requiring him to conform to white institutions. Indian children were kidnapped and forced into boarding schools thousands of miles from their homes to learn the... |
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| David D. Meyer |
Family Law Equality at a Crossroads |
2013 Michigan State Law Review 1231 (2013) |
C1-2Table of Contents Introduction. 1231 I. Where We've Come: An Equality Revolution. 1233 A. Gender. 1233 B. Race. 1235 C. Nonmarital Families. 1235 D. Autonomy Rights Protected Through Equality. 1236 II. The Road Ahead: The Hard Work of Calibrating Equality. 1241 A. Fewer Rigid Classifications. 1244 B. Recognition of More Conflicting (and Thus; Search Snippet: ...Veronica Case, challenging the disruption of an adoption under the Indian Child Welfare Act. [FN59] If the past fifty years have been... |
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