AuthorTitleCitationSummaryYearKey Term
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  
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  
Katherine O'Donovan Real Mothers for Abandoned Children 36 Law and Society Review 347 (2002) Drawing on the laws and practices of three countries--England, France, and Germany--this article examines the constructions of narratives of abandoned children. Although the three countries share the values of the United Nations Convention on the Rights of the Child, having ratified it, their laws and practices with regard to the child's identity; Search Snippet: ...for adoption without their mothers' consents (Milotte 1997), and of native peoples whose children were forced into boarding schools provide ample evidence of the need for protection (Australian... 2002  
Kristen A. Carpenter Real Property and Peoplehood 27 Stanford Environmental Law Journal 313 (June, 2008) This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unwilling to confront the uncomfortable truth that; Search Snippet: ...massacres of people engaged in religious dances, federal laws criminalizing Indian religious practices, federally funded programs assigning Christian missionaries to reservations, the removal of Indian children from their families to Christian boarding schools, and other programs tied closely to the federal project assimilating American Indians. [FN292] Congress officially repudiated the federal assimilation policy in 1934... 2008  
Alyssa Couchie REBRAIDING FRAYED SWEETGRASS FOR NIIJAANSINAANIK (OUR CHILDREN): UNDERSTANDING CANADIAN INDIGENOUS CHILD WELFARE ISSUES AS INTERNATIONAL ATROCITY CRIMES 44 Michigan Journal of International Law 405 (2023) The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (IRS) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and... 2023 Child Welfare
Mariam Hashmi Recent Challenges to the Indian Child Welfare Act Suggest it Is Time for the United States Supreme Court to Act: Indian Survival Depends on it 21 Rutgers Race & the Law Review 149 (2020) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to the removal of Indian children from their homes, and to protect the best interests of Indian tribes and families. The United States Supreme Court has been reluctant to hear challenges to the ICWA but with the increase in challenges in the lower courts, and a major setback; Search Snippet: ...Race & the Law Review 2020 Note RECENT CHALLENGES TO THE INDIAN CHILD WELFARE ACT SUGGEST IT IS TIME FOR THE UNITED STATES... 2020 Child Welfare
William C. Bradford Reclaiming Indigenous Legal Autonomy on the Path to Peaceful Coexistence: the Theory, Practice, and Limitations of Tribal Peacemaking in Indian Dispute Resolution 76 North Dakota Law Review 551 (2000) Nothing is gained by dwelling upon the unhappy conflicts that have prevailed . . . . The generation of Indians who suffered the privations, indignities, and brutalities of the westward march of the white man have gone to the Happy Hunting Ground, and nothing that we can do can square the account with them. Whatever survives is a moral obligation; Search Snippet: ...incorrigible girl remained abusive and required dispatch to a tribal boarding school for girls in Oklahoma; nevertheless, many non- Indian observers registered their shock at the barbarity of TPM-authorized... 2000  
Bethany R. Berger Reconciling Equal Protection and Federal Indian Law 98 California Law Review 1165 (August, 2010) Federal Indian law and policy, which largely concern the distinct status of Indian individuals and tribes defined in part by descent, increasingly face challenges that they violate equal protection law. This Article argues that such challenges stem from what Professor Philip Frickey has criticized as the seduction of artificial coherence, and; Search Snippet: homesteaders and railroads, assumed jurisdiction to punish crimes between Indians, corralled Indian children in federal boarding schools, and erected Courts of Indian Offenses to regulate domestic and religious matters. [FN84] Policy began... 2010  
Larry R. Daves RECONCILING OUR PAST 50-OCT Colorado Lawyer 6 (October, 2021) On September 29, 2020, H.R. 8420 was introduced in Congress to establish the Truth and Healing Commission on Indian Boarding School Policy in the United States. The Act does not call for reparations for Native Americans, but it should. Perhaps the strongest argument for restitution derives from the formal US policy of child separation that was in... 2021  
Matthew L.M. Fletcher Red Leaves and the Dirty Ground: the Cannibalism of Law and Economics 33 American Indian Law Review 33 (2008-2009) [E]very breath that is in your lungs is a tiny little gift to me -The White Stripes, Dead Leaves and the Dirty Ground We cannot eat [our slaves]. Why not? There are too many of them. -William Faulkner, Red Leaves Less than a year after the stock market crash of 1929, William Faulkner moved into a dilapidated house in Mississippi. He; Search Snippet: ...States would continue to employ its vicious policy against the Indians who won in the latter nineteenth and early twentieth centuries by stealing Indian children and sending them to boarding schools to have their cultures and languages annihilated and by otherwise exploiting the lands of the resource-rich Indian communities that won. [FN71] Professor Kades argued that the most... 2009  
Matthew Atkinson Red Tape: How American Laws Ensnare Native American Lands, Resources, and People 23 Oklahoma City University Law Review 379 (Spring-Summer 1998) In this Article, the author discusses America's heritage of taking land from Native Americans--a heritage that continues today. The author explains that beginning with the Indian Removal Act in 1830 and the General Allotment Act in 1887, Congress has consistently passed legislation which either takes land from Native Americans or has the effect of; Search Snippet: the neck of America is its aggressive kidnapping of Native American children to fill boarding schools. [FN48] At these schools, which operated into contemporary lifetimes, Indian children were injured or humiliated for speaking any words from their... 1998  
Bethany R. Berger Red: Racism and the American Indian 56 UCLA Law Review 591 (February, 2009) How does racism work in American Indian law and policy? Scholarship on the subject too often has assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of black-white racism, such as uses of blood quantum, as evidence of racism, or has emphasized the; Search Snippet: ...hard labor. [FN23] It was also the period of the Indian boarding schools, which separated children from their parents for years in order to kill the Indian . . . to save the man. [FN24] In case there was any... 2009  
Robert N. Clinton Redressing the Legacy of Conquest: a Vision Quest for a Decolonized Federal Indian Law 46 Arkansas Law Review 77 (1993) [T]o most twentieth century Americans, the legacy of slavery was serious business, the legacy of conquest was not. Patricia Limerick As the nation celebrates the quintcentenary of the Columbus invasion of America, reconsideration is in order of the role law played in the Indian Holocaust that followed. From the time of first contact between the; Search Snippet: ...Similarly, during this period, the BIA set up the infamous boarding schools designed to remove Indian children from what bureaucrats saw as the corrupting tribal influences of the reservation. At these boarding schools, Indian children were forbidden to speak their tribal languages, to wear traditional... 1993  
Ryan Seelau Regaining Control over the Children: Reversing the Legacy of Assimilative Policies in Education, Child Welfare, and Juvenile Justice That Targeted Native American Youth 37 American Indian Law Review 63 (2012-2013) It is conservatively estimated that in 1491 there were at least forty million people living in the Americas. By the time the United States was founded in 1776, that number had decreased so substantially that federal Indian policy during President Washington's tenure was to let non-Indian population growth force the savage as the wolf, to retire; Search Snippet: ...a world far worse than that of the typical non- Indian child. [FN12] There are more than one million Native youth in... 2013 Child Welfare
Philip Lee REJECTING HONORARY WHITENESS: ASIAN AMERICANS AND THE ATTACK ON RACE-CONSCIOUS ADMISSIONS 70 Emory Law Journal 1475 (2021) Since the 1960s, Asian Americans have been labeled by the dominant society as the model minority. This status is commonly juxtaposed against so-called problem minorities such as African Americans and Latinx Americans. In theory, the model minority narrative serves as living proof that racial barriers to social and economic development no longer... 2021  
Sarah Deer Relocation Revisited: Sex Trafficking of Native Women in the United States 36 William Mitchell Law Review 621 (2010) I. Introduction. 622 II. Historical Overview: Preliminary Notes on Context. 630 III. Enslavement. 632 A. Pre-Colonial Human Captivity. 633 B. Indian Slavery under Spanish and Portuguese Law. 636 C. Indian Slavery under English Law. 638 D. Indian Slavery under French Law. 639 E. Indian Slavery in the United States. 640 IV. Exploitation. 640 A; Search Snippet: ...A. Forced Migration-- Trails of Tears 661 B. Trafficking in Native Children: Mandatory Boarding Schools 665 VI. Relocation Revisited 669 VII. Contemporary Issues 674... 2010  
Chris Gottlieb REMEMBERING WHO FOSTER CARE IS FOR: PUBLIC ACCOMMODATION AND OTHER MISCONCEPTIONS AND MISSED OPPORTUNITIES IN FULTON v. CITY OF PHILADELPHIA 44 Cardozo Law Review 1 (October, 2022) The Supreme Court's opinion in Fulton v. City of Philadelphia, which held that a Catholic foster care agency could refuse to accept gay foster parents, and virtually all commentary on the case, are flawed by a profound misunderstanding of key aspects of the foster care system. The case's role in the broader culture war between religious rights... 2022  
Daniel E. Witte, Paul T. Mero Removing Classrooms from the Battlefield: Liberty, Paternalism, and the Redemptive Promise of Educational Choice 2008 Brigham Young University Law Review 377 (2008) Utah's new school voucher law has meant many things to many people. For the thirty-seven percent of our Hispanic and African- American public-school students who do not graduate with a high-school diploma, Utah's voucher law represented a sense of hope and opportunity. For opponents of educational choice, the voucher law is un-American and a threat; Search Snippet: ...publicity campaigns and espouse policies based upon the premise that Indians could only become literate and civilized through removal of Indian children from their Indian parents and instruction in off-reservation boarding schools controlled by white federal government officials. [FN33] The objective was not simply (or perhaps even primarily) to educate Indian children, but to permanently control and transform indigenous societies in ways... 2008  
Elizabeth Ann Kronk Warner RENEWABLE ENERGY DEPENDS ON TRIBAL SOVEREIGNTY 69 University of Kansas Law Review 809 (June, 2021) Ten years ago, I wrote an article examining the development of renewable energy projects in Indian country. Over the past ten years, many things related to renewable energy development in Indian country have changed, but some things remain unchanged. With the advantage of hindsight, it is now easier to glean trends from projects that have been... 2021  
Lorie M. Graham Reparations, Self-determination, and the Seventh Generation 21 Harvard Human Rights Journal 47 (Winter 2008) In each deliberation, we must consider the impact of our decisions on the next seven generations. --Great Law of the Haudenosaunee [T]he grandmothers and grandfathers . . . thought about us as they lived, confirmed in their belief of a continuing life . . . . --Simon Ortiz, Poet and Writer Indigenous teachings on law and family help define our; Search Snippet: ...message as we reflect upon the thirtieth anniversary of the Indian Child Welfare Act of 1978 (ICWA) [FN3] and look to the... 2008  
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  
John P. La Velle Rescuing Paha Sapa: Achieving Environmental Justice by Restoring the Great Grasslands and Returning the Sacred Black Hills to the Great Sioux Nation 5 Great Plains Natural Resources Journal 40 (Spring/Summer, 2001) History, despite its wrenching pain, Cannot be unlived, but if faced With courage, need not be lived again. I. The Proposal for Establishing the Greater Black Hills Wildlife Protected Area. 41 II. A Harvest of Sorrow and Blood: The Dispossession of Paha Sapa. 43 III. The Vital Need for Returning Paha Sapa to the Great Sioux Nation. 63 IV. The; Search Snippet: ...from their families and communities to be raised by non- Indians in far-off boarding schools. Congress passed a number of statutes aimed at destroying... 2001  
Whitney Saunders RESISTING INDIGENOUS ERASURE IN RHODE ISLAND: THE NEED FOR COMPULSORY NATIVE AMERICAN HISTORY IN RHODE ISLAND SCHOOLS 27 Roger Williams University Law Review 379 (Spring, 2022) Before we begin, I want to take a moment to reflect on the lands on which we reside. We are coming from many places, physically and remotely, and we want to acknowledge the ancestral homelands and traditional territories of Indigenous and Native peoples who have been here since time immemorial and to recognize that we must continue to build our... 2022  
Bill Piatt RESPECTING THE IDENTITY AND DIGNITY OF ALL INDIGENOUS AMERICANS 6 Howard Human & Civil Rights Law Review 83 (2021-2022) The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other paper genocide mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were... 2022  
Trevor Reed RESTORATIVE JUSTICE FOR INDIGENOUS CULTURE 70 UCLA Law Review 516 (August, 2023) One still unresolved aspect of North American colonization arises out of the mass expropriation of Indigenous peoples' cultural expressions to European-settler institutions and their publics. Researchers, artists, entrepreneurs, missionaries, and many others worked in partnership with major universities, museums, corporations, foundations, and... 2023  
Sara E. Hill RESTORING OKLAHOMA: JUSTICE AND THE RULE OF LAW POST-MCGIRT 57 Tulsa Law Review 553 (Spring, 2022) I. Introduction. 554 II. Criminal Jurisdiction in a Post-McGirt World: The Creation of Modern Criminal Jurisdictional Rules in Indian Country. 558 A. Evolution of Criminal Jurisdiction in Indian Country. 559 III. The Post-McGirt Toolkit: Jurisdictional Problem-solving in Indian Country. 565 A. Public Law 280. 565 B. Cross-deputation Agreements. 567... 2022  
T.S. Twibell Rethinking Johnson V. M'intosh (1823): the Root of the Continued Forced Displacement of American Indians Despite Cobell V. Norton (2001) 23 Georgetown Immigration Law Journal 129 (Fall, 2008) The accepted principle of governing the discovery of barbarous countries by civilized people is that discovery gave the state by whose subjects or by whose authority it was made the exclusive right to settle, possess, and govern the new land and the absolute title to the soil, subject to certain right of occupancy only in the natives . when the; Search Snippet: ...from families. There had always been instances of kidnappings of Indian children by the Anglos, but the practice returned with a new... 2008  
Stephanie Hall Barclay , Michalyn Steele RETHINKING PROTECTIONS FOR INDIGENOUS SACRED SITES 134 Harvard Law Review 1294 (February, 2021) Introduction. 1296 I. The History of Government Callousness and Coercion Regarding Indigenous Sacred Sites. 1303 A. The Significance of Sacred Sites to Indigenous Peoples. 1304 B. Government Disregard of Indigenous Religious Practices and Divestiture of Sacred Sites. 1307 C. Potentially Applicable Tools for Indigenous Sacred Sites. 1317 II.... 2021  
Wallace Coffey, Rebecca Tsosie Rethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations 12 Stanford Law and Policy Review 191 (Spring, 2001) Cultural sovereignty is the heart and soul that you have, and no one has jurisdiction over that but God. Wallace Coffey (Comanche) This article is the result of a dialogue between colleagues who live and work within a particular universe which Indian people know very well and non-Indians know very little: the cultural existence of an Indian nation; Search Snippet: ...for their own good. Thus, until rescinded by the 1934 Indian Reorganization Act, [FN125] multiple federal policies such as allotment, criminalization of Native religion, forcible removal of Native children to remote boarding schools (where they were forbidden to speak their languages and... 2001  
Sarah Deer, Mary Kathryn Nagle Return to Worcester: Dollar General and the Restoration of Tribal Jurisdiction to Protect Native Women and Children 41 Harvard Journal of Law & Gender 179 (Winter, 2018) C1-2Table of Contents Introduction. 180 I. Non-Indian Perpetrated Violence Against Native Women Was Designed to Secure Colonial Conquest and the Destruction of Tribal Nations. 187 A. Native Women Form the Foundation of Tribal Sovereignty. 187 B. Non-Indian Perpetuated Violence Was Purposefully Used Against Native Women and Children as a Form of; Search Snippet: ...Spaniards, are in the habit not only of carrying off Indian children, but also committing outrages against their women, and I have... 2018  
Karen E. Lillie RETURNING CONTROL TO THE PEOPLE: THE NATIVE AMERICAN LANGUAGES ACT, RECLAMATION, AND NATIVE LANGUAGE TEACHER CERTIFICATION 71 Buffalo Law Review 289 (April, 2023) In 1990, Congress passed the Native Americans Languages Act (NALA), recognizing that the status of the cultures and languages of Native Americans is unique and--critically--that the United States has the responsibility to act together with Native Americans to ensure that the languages and cultures of the Native People will surviv[e]. This Act... 2023  
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