Judith V. Royster Symposium Foreword 43 Tulsa Law Review Rev. 1 (Fall 2007) Oklahoma was proclaimed a state and admitted to the Union on November 16, 1907. The Indian Territory and the Oklahoma Territory, itself part of the Indian Territory prior to 1890, were combined into the forty-sixth state. It was a dark time for the nearly forty Indian nations that inhabited the two territories. Statehood was the bitter culmination; Search Snippet: federal government policies toward Indian families. [FN13] In The Indian Boarding School Era and Its Continuing Impact on Tribal Families and... 2007
Regis Pecos The History of Cochiti Lake from the Pueblo Perspective 47 Natural Resources Journal 639 (Summer, 2007) In the last 30 years, Cochiti Pueblo has been in a fight for their survival culturally, politically, legally, economically, and environmentally. The construction of Cochiti Lake, one of the largest man made lakes in the United States, built by the U.S. Corps of Engineers, devastated nearly all of the available agricultural lands, destroyed the; Search Snippet: ...backdrop. The federal policy in the 1890s was to create boarding schools to educate the Indian children in this country in an attempt to assimilate them into... 2007
Ann Murray Haag The Indian Boarding School Era and its Continuing Impact on Tribal Families and the Provision of Government Services 43 Tulsa Law Review 149 (Fall 2007) In those days the Indian schools were like jails and run along military lines, with roll calls four times a day. We had to stand at attention, or march in step. The B.I.A. thought that the best way to teach us was to stop us from being Indians. ... The Government teachers were all third-grade teachers. They taught up to this grade and that was the; Search Snippet: ...Statehood: A Symposium in Recognition of Oklahoma's Centennial Comment THE INDIAN BOARDING SCHOOL ERA AND ITS CONTINUING IMPACT ON TRIBAL FAMILIES AND... 2007
Paul Kuruk The Role of Customary Law under Sui Generis Frameworks of Intellectual Property Rights in Traditional and Indigenous Knowledge 17 Indiana International & Comparative Law Review 67 (2007) Bowing to pressure from developing countries, indigenous groups, and civil society, a number of international organizations have embarked in recent years on measures to enhance the protection of indigenous and traditional knowledge. The United Nations Educational, Scientific and Cultural Organization (UNESCO), for example, responded in 2003 to a; Search Snippet: ...denominations with control over education on specific reservations; conversion of Indian children to Christianity was seen as a first step to assimilation. Toward the end of the nineteenth century, Indian boarding schools were preferred. Youngsters would be taken by force, if... 2007
Philip C. Aka The Supreme Court and the Challenge of Protecting Minority Religions in the United States: Review of Garrett Epps, to an Unknown God: Religious Freedom on Trial 9 Scholar: St. Mary's Law Review on Minority Issues 343 (Spring 2007) I. Introduction. 344 II. The Smith Case. 352 A. Facts, Holding, and Opposition Within the Court to Smith. 352 B. Post-Mortem Analysis. 361 III. Four Aftermaths of Smith. 364 A. The Religious Freedom Restoration Act (RFRA) and City of Boerne v. Flores. 364 B. The American Indian Religious Freedom Act (AIRFA) of 1994. 372 C. The 1991 Amendments to; Search Snippet: ...into a largely intact culture, Smith was, like generations of Indian boys and girls, torn away from his home and sent to boarding school to be assimilated into the American melting-pot. The... 2007
Daniel Albanil Adlong The Terminator Terminates Terminators: Governor Schwarzenegger's Signature, Sb 678, and How California Attempts to Abolish the Existing Indian Family Exception and Why Other States Should Follow 7 Appalachian Journal of Law 109 (Winter 2007) I can remember (the welfare worker) coming and taking some of my cousins and friends. I didn't know why and I didn't question it. It was just done and it had always been done. This episode was one of many that Congress said was [t]he wholesale separation of Indian children from their families and described it as perhaps the most tragic and; Search Snippet: ...of many that Congress said was [t]he wholesale separation of Indian children from their families and described it as perhaps the most... 2007
Laughlin McDonald , Janine Pease , Richard Guest Voting Rights in South Dakota: 1982-2006 17 Southern California Review of Law & Social Justice 195 (Fall 2007) The problems Indians continue to experience in South Dakota in securing an equal right to vote strongly supported the extension of the special provisions of the Voting Rights Act that were scheduled to expire in 2007. They also demonstrated the ultimate wisdom of Congress in making permanent and nationwide the basic guarantee of equal political; Search Snippet: ...she went to high school in Todd County. [FN239] The Indian students lived in a segregated dorm at the Rosebud boarding school. [FN240] They were bussed to the high school, then... 2007
Andrea A. Curcio Civil Claims for Uncivilized Acts: Filing Suit Against the Government for American Indian Boarding School Abuses 4 Hastings Race and Poverty Law Journal 45 (Fall 2006) We were never going to be like the white man, no matter how hard we tried, but they forced us to try to be like the white man. . . . They stripped us of our language. They stripped us of our religious beliefs. They stripped us of our family life, our family values. They stripped us from our culture. Imagine a government that forced you to send; Search Snippet: ...FOR UNCIVILIZED ACTS: FILING SUIT AGAINST THE GOVERNMENT FOR AMERICAN INDIAN BOARDING SCHOOL ABUSES Andrea A. Curcio [FNa1] Copyright (c) 2006 University... 2006
Kevin K. Washburn Federal Criminal Law and Tribal Self-determination 84 North Carolina Law Review 779 (March, 2006) Under the rubric of tribal self-determination, federal policymakers have shifted federal governmental power and control to tribal governments in nearly all areas of Indian policy. Normatively, this shift reflects an enlightened view about the role of Indian tribes in Indian policy. As a practical matter, it has also improved services to Indians; Search Snippet: ...of Justice's own study in the mid-1990s showed that Indian children under twelve are raped or sexually assaulted at a rate... 2006
Matthew L.M. Fletcher Looking to the East: the Stories of Modern Indian People and the Development of Tribal Law 5 Seattle Journal for Social Justice Just. 1 (Fall/Winter, 2006) For my Gram and old stories, and the Peach and new stories. For many Indian people the east represents a new beginning. Each day the sun rises and Indian people begin new lives, with new stories and new experiences. East is the direction of young people, of newborns, and creativity. East is the direction of starting over with new and powerful; Search Snippet: ...territory, such as certain landmarks. [FN28] The reservation system, the boarding schools and missionaries, and the dispossession of Indian lands guaranteed the loss of most of these stories. [FN29... 2006
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
Cheyañna L. Jaffke The "Existing Indian Family" Exception to the Indian Child Welfare Act: the States' Attempt to Slaughter Tribal Interests in Indian Children 66 Louisiana Law Review 733 (Spring, 2006) Pretend for a moment that War of the Worlds is not science fiction, but rather reality. Instead of the Martians dying, they actually live and govern humans. At first, the policy of the Martian government toward humans is assimilation. They want all humans to think and act like Martians. Therefore, they passed rules and regulations to further that; Search Snippet: ...Spring, 2006 Article THE EXISTING INDIAN FAMILY EXCEPTION TO THE INDIAN CHILD WELFARE ACT: THE STATES' ATTEMPT TO SLAUGHTER TRIBAL INTERESTS IN INDIAN CHILDREN Cheyañna L. Jaffke [FNa1] Copyright © 2006 by Louisiana Law Review... 2006
Jason C. Nelson The Application of the International Law of State Succession to the United States: a Reassessment of the Treaty Between the Republic of Texas and the Cherokee Indians 17 Duke Journal of Comparative & International Law L. 1 (Fall 2006) Perhaps no event in the modern era has been more profoundly consequential than the European discovery of the Americas. . . . Over a succession of generations, Europeans devised rules intended to justify the dispossession and subjugation of the native peoples . . . . Of these rules, the most fundamental were those governing the ownership of land; Search Snippet: ...peoples for years of neglect, including the widespread abuse of Indian children in the country's federally-funded boarding schools. [FN280] In Latin America--another region characterized by large... 2006
Brad M. Gallagher The Disappearance of the Great American Indian Athlete 24-FALL Entertainment and Sports Lawyer Law. 1 (Fall, 2006) What do ice hockey, the overhand swimming stroke and basketball all have in common? Each has their roots in the American Indian culture. American Indians invented the roots of ten Olympic sports and many non-Olympic sports, such as lacrosse. According to Oren Lyons, Chief of Onondaga Nation to the Iroquois Confederacy, while the rest of the; Search Snippet: ...United States used sports as a means of assimilating American Indian children into mainstream culture. [FN3] To accomplish this, the United States... 2006
Sarah Krakoff The Virtues and Vices of Sovereignty 38 Connecticut Law Review 797 (May, 2006) As the title to this symposium suggests, American Indian law is indeed at a crossroads. The paths of American Indian tribal sovereignty are diverging in the following way. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court's path is; Search Snippet: [FN51] Another priority during this period was to remove Indian children from their homes and educate them in predominately Christian boarding schools, where Native language and culture was prohibited. [FN52] Other policies discouraging the practice of Native religions even on reservations complemented the boarding school goals. [FN53] On their own terms, the Allotment policies... 2006
Sarah Martinez Turning Back the Clock: the Loss of Tribal Jurisdiction over Involuntary Juvenile Dependency Proceedings 10 U.C. Davis Journal of Juvenile Law & Policy 541 (Summer, 2006) There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children. This language from the Indian Child Welfare Act of 1978 (ICWA) captures the U.S. Congress' intent in preventing the mass removal of Indian children from their reservations, families and culture. Native American activism for; Search Snippet: ...Indian tribes than their children. [FN1] This language from the Indian Child Welfare Act of 1978 (ICWA) captures the U.S. Congress' intent in preventing the mass removal of Indian children from their reservations, families and culture. Native American activism for... 2006
Hope M. Babcock A Civic-republican Vision of "Domestic Dependent Nations" in the Twenty-first Century: Tribal Sovereignty Re-envisioned, Reinvigorated, and Re-empowered 2005 Utah Law Review 443 (2005) I. Introduction. 444 II. Sovereignty. 448 III. Tribal Sovereignty. 455 A. Sources of Tribal Sovereignty. 457 1. Treaties. 457 2. Inherent Sovereignty. 469 B. The Shifting Tectonic Plates of Tribal Sovereignty. 485 1. The Importance of Tribal Land. 486 2. Debilitating Judicial Doctrines. 497 3. Tribal Sovereignty Today: A Glass Half Full or Half; Search Snippet: ...many cases ignored Indian political forms. [FN222] The use of Indian language was actively discouraged, and Indian youth were shipped off to boarding schools to learn Western traditions. [FN223] Indians were encouraged to... 2005
Kristen A. Carpenter A Property Rights Approach to Sacred Sites Cases: Asserting a Place for Indians as Nonowners 52 UCLA Law Review 1061 (April, 2005) Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also; Search Snippet: ...See Dussias, supra note 10, at 776-805 (discussing federal Indian Christianization efforts including the assignment of missionaries to Indian reservations, outlawing of Indian ceremonial dances, the removal of Indian children to boarding schools where they were instructed in Christianity, and other measures... 2005
David E. Wilkins African Americans and Aboriginal Peoples: Similarities and Differences in Historical Experiences 90 Cornell Law Review 515 (January, 2005) In August of 2003, Harvard University hosted a major conference, organized by the Civil Rights Project, titled Segregation and Integration in America's Present and Future. The conference was appropriately subtitled the Color Lines Conference, in reference to W.E.B. Du Bois's classic 1903 study The Souls of Black Folk. This sprawling conference; Search Snippet: ...Indian religious practices and traditional forms of government, separation of Indian children from their homes, wholesale spoliation of treaty-guaranteed resources, forced... 2005
William Bradford Beyond Reparations: an American Indian Theory of Justice 66 Ohio State Law Journal L.J. 1 (2005) It is perhaps impossible to overstate the magnitude of the human injustice perpetrated against American Indian people: indeed, the severity and duration of the harms endured by the original inhabitants of the U.S. may well rival those suffered by any other group past or present, domestic or international. While financial reparations for certain; Search Snippet: its stead. [FN150] Beginning in the late nineteenth century, Indian children were spirited off to boarding schools where their hair was cut, their tribal clothing was... 2005
Natsu Taylor Saito Beyond the Citizen/alien Dichotomy: Liberty, Security, and the Exercise of Plenary Power 14 Temple Political & Civil Rights Law Review 389 (Spring, 2005) [Since the attacks of September 11, 2001, t]here has been much talk about the need to sacrifice liberty for security. In practice, however, the government has most often at least initially sacrificed noncitizens' liberties while retaining basic protections for citizens. This is a politically tempting way to mediate the tension between liberty and; Search Snippet: ...other gross injustices, the forced removal of generations of American Indian children from their families and their imprisonment in boarding schools; [FN50] the involuntary sterilization of staggering numbers of women of child-bearing age by the Bureau of Indian Affairs' Indian Health Services; [FN51] the leasing of the most profitable native land and mineral resources at prices dramatically below market value... 2005
Kristen A. Carpenter Considering Individual Religious Freedoms under Tribal Constitutional Law 14-SPG Kansas Journal of Law & Public Policy 561 (Spring, 2005) Environment, culture, religion, and life are very much interrelated. Indeed, they are often one and the same. Water for example, is the lifeblood of the people. I recall taking a draft tribal water code for public input into the five villages .. Protection of the water spirits was a major concern throughout the reservation. And the water spirits; Search Snippet: ...massacres of people engaged in religious dances, federal laws criminalizing Indian religious practices, federally funded programs assigning Christian missionaries to reservations, the removal of Indian children from their families to Christian boarding schools, and other programs tied closely to the federal project of conquering, colonizing, and assimilating American Indians. [FN25] As recently as 1988, the United States Supreme Court... 2005
Francis Paul Prucha, S.J. Education of American Indians in the Age of Brown V. Board of Education 89 Marquette Law Review 87 (Fall 2005) I have been asked to comment briefly on the impact of Brown v. Board of Education upon the American Indians. The Indians, after all, can be considered a minority within the nation who have faced discrimination and oppression and who, in some ways, have a history parallel to that of African Americans. We may be forgiven if we are tempted to ask in; Search Snippet: ...will deal only with education policy as it affected American Indian children, from the 1950s to the present day. You will see... 2005
Laverne F. Hill Family Group Conferencing: an Alternative Approach to the Placement of Alaska Native Children under the Indian Child Welfare Act 22 Alaska Law Review 89 (June, 2005) The Indian Child Welfare Act establishes a cultural safeguard for Alaska Native children caught up in the child welfare system by requiring professionals to make active efforts toward reunifying the child with family members and their tribe. Complying with this standard has been a challenge because the adversarial system governing the child; Search Snippet: ...APPROACH TO THE PLACEMENT OF ALASKA NATIVE CHILDREN UNDER THE INDIAN CHILD WELFARE ACT Laverne F. Hill [FNa1] Copyright (c) 2005 Alaska Law Review; Laverne F. Hill The Indian Child Welfare Act establishes a cultural safeguard for Alaska Native children... 2005
Carrie A. Martell , Sarah Deer Heeding the Voice of Native Women: Toward an Ethic of Decolonization 81 North Dakota Law Review 807 (2005) How often have we heard it reiterated that the destiny of the world depends on woman--that woman is the appointed agent of morality--the inspirer of those feelings and dispositions which form the moral nature of man . . . . The elevation of our race does depend upon the manner in which woman executes this commission. Nor does the destiny of man as; Search Snippet: ...the equilibrium that traditionally existed between genders. Mandatory for most Native children, the boarding schools sought to civilize tribal communities by training students to... 2005
Jeffrey S. Miller Native American Athletes: Why Gambling on the Future Is a Sure Bet 4 Virginia Sports and Entertainment Law Journal 239 (Spring 2005) Introduction. 240 I. The Numerous and Inherent Struggles of Native American Athletes. 242 II. Existing Sports Programs for Native American Athletes Offer a Foundation for Future Athletic Success. 251 III. Involvement and Success in Athletics Provides Numerous and Substantial Benefits to Native American Athletics. 255 IV. Apportioning a Piece of the; Search Snippet: ...between 1980 and 1990. John Bloom, To Show What an Indian Can Do: Sports at Native American Boarding Schools 24 (2000). . Kevin Gover, Assistant Secretary of Indian... 2005
Angela R. Riley Straight Stealing: Towards an Indigenous System of Cultural Property Protection 80 Washington Law Review 69 (February, 2005) Abstract: Incidents involving theft of indigenous peoples' traditional knowledge and the blatant appropriation of culture have become more widely acknowledged in recent decades. It is now apparent that international, national, and tribal laws must work together to protect the cultural property of indigenous groups. However, tribal law, which; Search Snippet: ...Native religion. [FN166] In some cases, the mass placement of Indian children in white, Christian boarding schools caused, among other things, the extinction of Native languages, which are often necessary to explain indigenous customs. [FN167... 2005
Robert J. Miller The Doctrine of Discovery in American Indian Law 42 Idaho Law Review Rev. 1 (2005) The Doctrine of Discovery is an international law principle developed primarily by Spain, Portugal, England, and the Church in the fifteenth and early sixteenth centuries. These entities developed the Doctrine at that particular time to control and maximize European exploration and colonization in the New World and in other lands of non-European,; Search Snippet: ...the letter and in his tribal speeches, Lewis repeatedly called Indians children and called Jefferson their new father. He informed them that... 2005
Matthew L.M. Fletcher The Legal Fiction of the Lake Matchimanitou Indian School 13 American University Journal of Gender, Social Policy and the Law 597 (2005) Historians, political scientists, sociologists and lawyers, in their respective academic languages, have documented the history of the conquest of the indigenous peoples of the Western Hemisphere, especially those of North America. The histories end with the final dispossession of lands from Indians and their tribes. Despite more than five; Search Snippet: ...Sales, had spoken up in their sociology class about the Indian boarding school [FN25] in Mount Pleasant, Michigan, which had housed his... 2005
Laughlin McDonald The Voting Rights Act in Indian Country: South Dakota, a Case Study 29 American Indian Law Review 43 (2004-2005) The problems that Indians continue to experience in South Dakota in securing an equal right to vote strongly support the extension of the special provisions of the Voting Rights Act scheduled to expire in 2007. They also demonstrate the ultimate wisdom of Congress in making permanent and nationwide the basic guarantee of equal political; Search Snippet: ...when she went to high school in Todd County. The Indian students lived in a segregated dorm at the Rosebud boarding school, and were bussed to the high school, then bussed... 2005
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