Carla D. Pratt Tribes and Tribulations: Beyond Sovereign Immunity and Toward Reparation and Reconciliation for the Estelusti 11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by; Search Snippet: Carlisle, Pennsylvania. David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience 1875-1928 51-53 (1995). Many of Pratt's... 2005
Sarah Krakoff A Narrative of Sovereignty: Illuminating the Paradox of the Domestic Dependent Nation 83 Oregon Law Review 1109 (Winter 2004) In my view, the tribes either are or are not separate sovereigns, and our federal Indian law cases untenably hold both positions simultaneously. The [U.S.] Constitution never took away Indian self-governance; that governance flows from the people. The Courts are trying to do what the [executive and legislative] branch[es] have learned they; Search Snippet: ...the Diné homeland. Yet the history of education of American Indian children pushes strongly against this goal. The assimilation era forced boarding... 2004
Juan F. Perea Buscando América: Why Integration and Equal Protection Fail to Protect Latinos 117 Harvard Law Review 1420 (March, 2004) So you see it is up to the white population to keep the Mexican on his knees in an onion patch or in new ground. This does not mix well with education. The lessons of subordination formed the most vital part of the curriculum. The schools renewed the conquest every semester. During the 1940s, Gonzalo and Felícitas Méndez moved to Westminster,; Search Snippet: ...note 16, at 663-69; id. at 862 (discussing American Indian boarding schools). . See Carter Godwin Woodson, The Mis-Education of... 2004
Steven J. Gunn Compacts, Confederacies, and Comity: Intertribal Enforcement of Tribal Court Orders 34 New Mexico Law Review 297 (Spring, 2004) Indian tribes and their reservations have been described as America's internal colonies. Since the arrival of Europeans on this continent, Indian people have seen their tribes divided, their lands taken, and their sovereignty diminished. For well over a century, the U.S. Congress has exercised so-called plenary power over Indian affairs, enacting; Search Snippet: ...of tribal governments. In its darkest moments, Congress has abrogated Indian treaties, divided reservations into farm-sized allotments for individual Indians, sold surplus Indian lands to homesteaders, acculturated Indian children in off-reservation boarding schools, suppressed Indian cultural and religious practices, imposed federal and, in some cases... 2004
Lynne Henderson Foreword: Pursuing Equal Justice in the West 5 Nevada Law Journal L.J. 1 (Fall 2004) On February 20 and 21 of 2004, the William S. Boyd School of Law hosted a conference on Pursuing Equal Justice in the West, inspired by the fiftieth anniversary of Brown v. Board of Education (I) and the fortieth anniversary of the Civil Rights Act of 1964. We were privileged to have outstanding scholars in both history and law deliver wonderful; Search Snippet: ...the vote. Another set of laws and practices that injured Indians was federal law placing Indian children in boarding schools and allowing adoptions of Indian children by white parents without scrutiny. Congress finally responded to these abuses by enacting the Indian Child Welfare Act of 1978 (ICWA). [FN11] Uneasy Tensions Between Children's... 2004
Sherry Hutt If Geronimo Was Jewish: Equal Protection and the Cultural Property Rights of Native Americans 24 Northern Illinois University Law Review 527 (Summer 2004) C1-3Table of Contents I. Application of the Equal Protection Clause to Native Americans. 528 II. A Short History of Indian Law: Special is Not Equal. 532 III. Geronimo: From Arizona to Florida. 536 IV. If Geronimo Was Jewish. 539 V. If Geronimo Was a Rap Star: Intellectual Property Law Versus Intangibles in Natural Law. 551 VI. If Geronimo Was an; Search Snippet: ...rights advances were being fought and won for African Americans, Native Americans saw their families divided and their children sent to boarding schools, their medical needs, housing and other services tightly controlled... 2004
Richard Delgado Locating Latinos in the Field of Civil Rights: Assessing the Neoliberal Case for Radical Exclusion 83 Texas Law Review 489 (December, 2004) Poor Latinos! Nobody loves them. Think-tank conservatives like Peter Brimelow, joined by a few liberals and a host of white supremacist websites, have been warning against the Latino threat: Because our dark-haired friends from south of the border insist on preserving their peculiar language and ways, they endanger the integrity of our Anglocentric; Search Snippet: ...United States. [FN160] In the early years of this century, boarding schools for Indian children ruthlessly suppressed Indian culture, [FN161] while California schools segregated black and Chinese schoolchildren... 2004
Lawrence R. Baca Meyers V. Board of Education: the Brown V. Board of Indian Country 2004 University of Illinois Law Review 1155 (2004) The U.S. Supreme Court announced the constitutional promise of an equal, unified education for African American students by deciding Brown v. Board of Education in 1954, but it would take another forty years before a federal court even addressed the basic question of whether American Indians share a similar right to equal educational opportunities; Search Snippet: ...Live Heroically , Deloris J. Huff writes: To the generations of Indian children--who endured history classes extolling the heroism of Christopher Columbus... 2004
Scott C. Idleman Multiculturalism and the Future of Tribal Sovereignty 35 Columbia Human Rights Law Review 589 (Summer 2004) One of the most important things to understand about American Indian tribes is the simple fact that tribes are governments--not non-profit organizations, not interest groups, not an ethnic minority. The history of American culture is rich with social and ideological movements of every sort, from the temperance and abolitionist efforts at the outset; Search Snippet: ...Indian legislation. [FN118] Paradigmatic in this respect is the 1978 Indian Child Welfare Act (ICWA), [FN119] which governs the placement of children... 2004
Kevin Noble Maillard Parental Ratification: Legal Manifestations of Cultural Authenticity in Cross-racial Adoption 28 American Indian Law Review 107 (2003/2004) The question Who is Indian? marks a standard subject of academic inquiry, but to ask who decides and how is much more interesting. In Indian country, state and tribal standards for determining Indian may belie personal and private definitions of identity. While I believe that identity should be self-defined, the unavoidable truth persists; Search Snippet: ...Following the standards established by the federal government in the Indian Child Welfare Act (ICWA), [FN1] state courts have held that being... 2004
Matthew L. M. Fletcher Stick Houses in Peshawbestown 2 Cardozo Public Law, Policy and Ethics Journal 189 (May, 2004) There are many stories here. And, there is much to learn for the future. For all the pain and heartache we have felt, there has been and will be an equal amount of joy. That is how everything works. There is always a struggle to maintain the balance. --Winona LaDuke It is undoubtedly true that Indians may be easily led to make bad bargains, and,; Search Snippet: in a good mood. Wilson handled criminal defense and Indian child welfare cases at New Pascua, the reservation of the Pascua... 2004
Robert McCarthy The Bureau of Indian Affairs and the Federal Trust Obligation to American Indians 19 BYU Journal of Public Law L. 1 (2004) I. Introduction A. BIA: Bossing Indians Around 4 B. Bashing the BIA 5 C. Defending the BIA 8 D. Reforming the BIA 10 E. Understanding the BIA 14 II. The BIA and the Federal Trust Obligation to American Indians A. The BIA and the Department of the Interior 15 B. Statutory and Regulatory Authorities 18 C. Enforcement of the Federal Trust; Search Snippet: ...with, and resulting responsibilities to, American Indian people [FN114] the Indian Child Welfare Act ( the special relationship between the United States and... 2004
Judith Resnik Tribes, Wars, and the Federal Courts: Applying the Myths and the Methods of Marbury V. Madison to Tribal Courts' Criminal Jurisdiction 36 Arizona State Law Journal 77 (Spring, 2004) C1-3Table of Contents I. Constitutionalism as Reasoning About Constraint. 78 II. Federal Indian Law and the Problems of Authority. 93 III. Difference, Assimilation, and Sovereignty. 96 IV. Jurisdiction by Distrust of the Other Court System. 102 V. Jurisdiction by Political Affiliation. 111 VI. Sources of Sovereignty, Double Jeopardy, and; Search Snippet: ...or discovery. Id . at 85-86. See, e.g. , the Indian Child Welfare Act, Pub. L. No. 95-608, 92 Stat. 3069... 2004
Annette Ruth Appell Uneasy Tensions Between Children's Rights and Civil Rights 5 Nevada Law Journal 141 (Fall 2004) This essay begins an exploration of the opposition between, and intersection of, children's rights and civil rights. Children's rights, a phrase I will define and explore more fully below, are sometimes placed under the umbrella of the civil rights movement. Children's rights to equal protection in education, protections against arbitrary state; Search Snippet: ...various faces of children's rights in the context of the Indian Child Welfare Act (ICWA). [FN2] This Symposium's occasion and location in... 2004
Amanda B. Westphal An Argument in Favor of Abrogating the Use of the Best Interests of the Child Standard to Circumvent the Jurisdictional Provisions of the Indian Child Welfare Act in South Dakota. 49 South Dakota Law Review 107 (2003) The South Dakota Supreme Court has always recognized the needs of the children are paramount and that their best interests must prevail. However, in cases dealing with the Indian Child Welfare Act the South Dakota Supreme Court has the right answer but to the wrong question. Under ICWA, the question state court judges should be asking is not what; Search Snippet: ...THE CHILD STANDARD TO CIRCUMVENT THE JURISDICTIONAL PROVISIONS OF THE INDIAN CHILD WELFARE ACT IN SOUTH DAKOTA. Amanda B. Westphal Copyright ©... 2003
Kurt Mundorff Children as Chattel: Invoking the Thirteenth Amendment to Reform Child Welfare 1 Cardozo Public Law, Policy and Ethics Journal 131 (May, 2003) During my fourteen months as a Child Protective Specialist for the New York City Administration for Children's Services I generally investigated two or three cases a week. I also accompanied co-workers on their home visits. Through my job, I became involved in the lives of dozens of families and hundreds of children. The Community District for; Search Snippet: ...remain the most impacted ethnic/racial group. [FN248] Interference in Native American families dates back to the colonial period, when Indian children were removed from their homes and educated in white boarding schools. [FN249] The strategy of removing Native American children from... 2003
Barry Sautman Cultural Genocide and Tibet 38 Texas International Law Journal 173 (Spring 2003) I. Introduction. 174 II. Cultural Genocide in International Law and Politics. 177 A. Unquestioned Cultural Genocide. 177 B. The Convention and Cultural Genocide. 181 C. Indigenous Peoples, Cultural Genocide, and Ethnocide. 187 III. The Claim of Cultural Genocide in Tibet. 196 A. The Émigré Conception of Cultural Genocide. 196 IV. The Empirical; Search Snippet: ...favored destruction by civilization rather than by killing. [FN156] Ninety boarding schools for Native American children were established between 1878 and 1902. [FN157] Richard... 2003
David E. Bernstein Defending the First Amendment from Antidiscrimination Laws 82 North Carolina Law Review 223 (December, 2003) Of late, leading legal scholars have argued that the First Amendment should not stand in the way of restrictions on freedom of expression intended to alleviate discrimination. A powerful, normative defense of the First Amendment from the competing claims of the antidiscrimination agenda is therefore greatly needed. This Essay seeks to provide the; Search Snippet: ...everywhere else, Japanese Americans were incarcerated in concentration camps, American Indian children were removed from their parents and forcibly assimilated in boarding schools, and male homosexuals were generally thought to be pedophilic... 2003
Carole E. Goldberg Individual Rights and Tribal Revitalization 35 Arizona State Law Journal 889 (Fall, 2003) Most contemporary scholars concerned with what may be called tribal revitalization--the strengthening of political and cultural sovereignty for Native nations--treat individual rights as an impediment to achieving that objective, not a positive tool. For example, Professor Robert Porter has written that introduction of individual rights into tribal; Search Snippet: ...conflicts between competing individual rights. As an example, she cites Indian child welfare cases when individual children's rights are put up against... 2003
Sara Dillon Making Legal Regimes for Intercountry Adoption Reflect Human Rights Principles: Transforming the United Nations Convention on the Rights of the Child with the Hague Convention on Intercountry Adoption 21 Boston University International Law Journal 179 (Fall 2003) I. Introduction: The Ideological Morass at the Heart of International and National Adoption Law. 180 A. Who will articulate a child's right not to be institutionalized? How to articulate a child's right to a family of his or her own?. 187 B. Identifying Acceptable and Unacceptable Forms of Care. 191 II. The International Human Rights Picture: The; Search Snippet: ...masterful detail the tragic history of the placement of American Indian children in non- Indian settings, including in boarding schools and with non- Indian families, clearly demonstrating that this practice had its roots in... 2003
Kari E. Hong Parens Patri[archy]: Adoption, Eugenics, and Same-sex Couples 40 California Western Law Review Rev. 1 (Fall 2003) Introduction. 2 I. Historical Overview of Adoption Placement Practices in the United States. 11 A. Early History of Adoption in the United States: From Private Bills to Orphan Trains. 12 B. The Fall and Rise of Adoption: Eugenics to the Cold War. 19 C. Historical Examination of Contemporary Justifications for Adoption Bans. 31 1. Indian Child; Search Snippet: ...Historical Examination of Contemporary Justifications for Adoption Bans 31 1. Indian Child Welfare Act: Superiority of Nuclear Family and Proper Gender Role... 2003
  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
Kelly D. Lynn Seeking Environmental Justice for Cultural Minorities: the South Lawrence Trafficway of Lawrence, Kansas 12 Kansas Journal of Law & Public Policy 221 (Winter, 2003) There is a compact between humans and their surroundings which must be considered when humans make governmental decisions about themselves and their neighbors. In 1882, Congress established a non-reservation Native American boarding school named Haskell Institute in Lawrence, Kansas, with the pronounced purpose to civilize Native American; Search Snippet: ...FN1] I. BACKGROUND In 1882, Congress established a non-reservation Native American boarding school named Haskell Institute in Lawrence, Kansas, with the pronounced purpose to civilize Native American children. [FN2] Approximately 700 students were enrolled there at... 2003
Hector E. Campoy Symposium Introductory Speech 45 Arizona Law Review 567 (Fall 2003) Good evening and welcome to Tucson, Arizona. I am pleased to be attending this provocative symposium and to address you this Friday evening. I want to extend my thanks to the law school and more specifically, to Dean Massaro and Professors Atwood and Bennett for promoting and organizing the symposium. Our thanks should also be extended to the law; Search Snippet: ...lives. This paternalistic posture motivated the federal government's policy for Indian children and boarding schools. [FN9] As a result of this policy, native children... 2003
Rebecca Tsosie The Challenge of "Differentiated Citizenship": Can State Constitutions Protect Tribal Rights? 64 Montana Law Review 199 (Winter 2003) One of the most vexing problems in contemporary states with large Native populations is whether the continuing inequities between Native and non-Native peoples are best addressed through the standard framework of Federal Indian Law, in which the federal government mediates tribal-state relations, or through newly articulated legal relationships; Search Snippet: ...traditionally fallen solely within state police powers. However, the Federal Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901 1963 , limits state jurisdiction over Indian children who are members of federally recognized tribes, or are eligible... 2003
Matthew L.M. Fletcher The Drug War on Tribal Government Employees: Adopting the Ways of the Conqueror 35 Columbia Human Rights Law Review Rev. 1 (Fall 2003) For three months Gus and the Indian female counselor met weekly. They would smudge before each session with sweet grass. Gus would explore his reality while carrying a stone in his hand. We were learning, listening and talking, speaking freely, not judged. It was the nonjudgmental approach that attracted him --there is a stigma on a non-Indian; Search Snippet: ...out of the criminal justice system, [FN58] through education of Indian children at home and at school, and through increased funding for... 2003
Rebecca Tsosie Tribalism, Constitutionalism, and Cultural Pluralism: Where Do Indigenous Peoples Fit Within Civil Society? 5 University of Pennsylvania Journal of Constitutional Law 357 (January, 2003) The effort of modern political theory to understand multiculturalism has engendered a variety of responses, depending upon the theoretical tradition (e.g., liberalism, communitarianism) and the nature of the group (e.g., immigrant groups, descendants of slaves, indigenous peoples). Contemporary political philosophers struggle with two primary; Search Snippet: ...efforts to manage differences. [FN46] The history of relations between Native people and the United States government is replete with examples of the former: the United States military campaigns against Indian nations, the forced relocation of Native groups from their traditional homelands, and the forcible assimilation of Native people through boarding school policies and Christianization. However, the United States has also... 2003
William Bradford With a Very Great Blame on Our Hearts: Reparations, Reconciliation, and an American Indian Plea for Peace with Justice 27 American Indian Law Review Rev. 1 (2002-2003) In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the; Search Snippet: its stead. [FN204] Beginning in the late nineteenth century, Indian children were taken, often without parental or tribal consent, to boarding schools where their hair was cut, their tribal clothing exchanged... 2003
Carole Goldberg American Indians and "Preferential" Treatment 49 UCLA Law Review 943 (April, 2002) Preferences and benefits for American Indians predate the American policy of affirmative action and flow from different rationales. Nonetheless, Indian preferences are the latest targets in the battle against affirmative action. Opponents of Indian preferences and benefits have long deployed the rhetoric of equal rights to attack treaty rights and; Search Snippet: ...outsider. For other tribes, however, the provisions for non-member Indians reflect a realistic acceptance of past federal policies that have promoted intermarriage among tribes, such as the federal boarding school policy of the nineteenth and twentieth centuries. [FN104] In... 2002
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy; Search Snippet: ...genocidal and ecocidal policies of almost unimaginable proportions. Generations of Indian children have been forcibly removed from their families and imprisoned in boarding schools where they were stripped of their culture, traumatized, and... 2002
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