AuthorTitleCitationSummaryYearKey Term
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  
David H. Moore , Michalyn Steele REVITALIZING TRIBAL SOVEREIGNTY IN TREATYMAKING 97 New York University Law Review 137 (April, 2022) In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more... 2022  
Maire Corcoran Rhetoric Versus Reality: the Jurisdiction of Rape, the Indian Child Welfare Act, and the Struggle for Tribal Self-determination 15 William and Mary Journal of Women and the Law 415 (Winter, 2009) This note examines the rape crisis affecting Native American women today and the jurisdictional issues that affect how and whether tribes may prosecute and punish rapists. This note also examines the efficacy of the Indian Child Welfare Act (ICWA) in preventing inappropriate removal of Native children from their tribal environment. A comparison of; Search Snippet: ...Roles Notes RHETORIC VERSUS REALITY: THE JURISDICTION OF RAPE, THE INDIAN CHILD WELFARE ACT, AND THE STRUGGLE FOR TRIBAL SELF-DETERMINATION Maire... 2009 Child Welfare
Kimberly A. Costello Rice V. Cayetano: Trouble in Paradise for Native Hawaiians Claiming Special Relationship Status 79 North Carolina Law Review 812 (March, 2001) The United States government has long claimed a special relationship with the once-sovereign peoples whose culture and autonomy were forever altered and in some cases destroyed by Western expansion. As distinguished from other minority groups, indigenous tribal Indians have a unique legal and political relationship with the federal government,; Search Snippet: ...groups are not considered tribes for the purposes of the Indian Child Welfare Act, 25 U.S.C. § 1903(8) (1994)); Reid Peyton... 2001  
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  
Brent T. White Ritual, Emotion, and Political Belief: the Search for the Constitutional Limit to Patriotic Education in Public Schools 43 Georgia Law Review 447 (Winter, 2009) One sings the Marseillaise for its words, of course, but one sings it especially for the mass of emotions that it stirs in our subconscious. -Maurice Barres (1902) Young children across America begin the school day with ritualized expressions of loyalty to the United States. With hands on their hearts, they pledge allegiance to the flag of the; Search Snippet: ...Americanizing immigrants in the new urban schools and with assimilating Native American tribes by removing Indian children from their homes and placing them into state boarding schools. [FN15] Public schools were similarly used in Hawaii to... 2009  
Allison E. Davis Roadway to Reform: Assessing the 2015 Guidelines and New Federal Rule to the Indian Child Welfare Act's Application to State Courts 22 Suffolk Journal of Trial and Appellate Advocacy 91 (2016-2017) In 1987, Congress enacted the Indian Child Welfare Act (ICWA), in order to protect Native American children during custody and placement proceedings. The 38-year-old statute was last updated on its application with guidelines in 1979. Over the years, courts have determined that the guidelines were not binding on state courts; rather the; Search Snippet: ...ASSESSING THE 2015 GUIDELINES AND NEW FEDERAL RULE TO THE INDIAN CHILD WELFARE ACT'S APPLICATION TO STATE COURTS Allison E. Davis Copyright... 2017 Child Welfare
Richard Delgado Rodrigo's Corrido: Race, Postcolonial Theory, and U.s. Civil Rights 60 Vanderbilt Law Review 1691 (November, 2007) Introduction: Enter Rodrigo, Sporting a New Persona. 1692 I. In Which Rodrigo Sets Out His New Synthesis: What the American Civil Rights Community Can Learn from Postcolonial Scholarship. 1695 A. In Which Rodrigo Explains the First Part of His Thesis: How Postcolonial Thought Can Enrich American Civil Rights Scholarship. 1697 B. In Which Rodrigo; Search Snippet: ...with his own people. This happened, of course, with American Indian, Alaskan Native, and Australian aboriginal children sent to English-speaking boarding schools. [FN59] But it can also happen to an adult... 2007  
Rebecca Tsosie Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights 47 UCLA Law Review 1615 (August, 2000) Today, Native Americans and Mexican American point to the treaties of the last century in support of their claims for intercultural justice. Under this discourse of treaty rights, both the Indian treaties and the Treaty of Guadalupe Hidalgo embody the moral obligation of the United States to honor its promises to respect the land and the cultural; Search Snippet: ...supplant these with Anglo American forms of governance. Under the Boarding School policy, Indian children were forcibly removed from their homes and sent to distant boarding schools for periods of up to eight years, during which... 2000  
Rayanne J. Griffin Sacred Site Protection Against a Backdrop of Religious Intolerance 31 Tulsa Law Journal 395 (Winter 1995) No chapter in human history has been so largely written in terms of persecution and intolerance as the one dealing with religious freedom. From ancient times to the present day, the ingenuity of man has known no limits in its ability to forge weapons of oppression for use against those who dare to express or practice unorthodox religious beliefs. ; Search Snippet: ...went as far as to promote the separation of young Indian children from their parents and traditional culture through the federal boarding school system. Id. at 2. . Walter Echo-Hawk, Loopholes... 1995  
Anastasia P. Winslow Sacred Standards: Honoring the Establishment Clause in Protecting Native American Sacred Sites 38 Arizona Law Review 1291 (Winter, 1996) L1-2Introduction 1292. M5I. Christian and Native American Religions Compared. 1294 A. On God. 1295 B. On Human Nature. 1297 C. On the Environment. 1297 D. On Time and Space. 1298 E. On Individuality. 1299 F. On Substance Use. 1299 G. On Universal Truths. 1301 II. Traditional Establishment Clause Rules and Their Application to Native American Sacred; Search Snippet: ...with a principal aim being their conversion to Christianity. [FN159] Native American children were removed from their homes, forced to attend church services, and sent to Christian boarding schools supported with federal funds and staffed with teachers supplied... 1996  
Bethany R. Berger Savage Equalities 94 Washington Law Review 583 (June, 2019) Abstract: Equality arguments are used today to attack policies furthering Native rights on many fronts, from tribal jurisdiction over non-Indian abusers to efforts to protect salmon populations in the Pacific Northwest. These attacks have gained strength from a modern movement challenging many claims by disadvantaged groups as unfair special; Search Snippet: ...United States. Tribal removal, confinement on reservations, involuntary allotment and boarding schools, tribal termination--all were justified, in part, as necessary to achieve individual Indian equality. The results of these policies, justified as equalizing the... 2019  
Julia M. Zabriskie SEARCHING FOR INDIGENOUS TRUTH: EXPLORING A RESTORATIVE JUSTICE APPROACH TO REDRESS ABUSE AT AMERICAN INDIAN BOARDING SCHOOLS 64 Boston College Law Review 1039 (April, 2023) Abstract: After the discovery of mass graves at Residential Schools in Canada, the United States revaluated its own history with Indian Boarding Schools. The nation will likely grapple with the issue of finding appropriate solutions for historical mass atrocities in the near future as it too discovers the remains of Native American children who... 2023 Boarding School
Keila Mayberry SEARCHING FOR JUSTICE FOR AUSTRALIA'S STOLEN GENERATIONS 22 Chicago Journal of International Law 661 (Winter, 2022) Until the early 1970s, Australian federal and state government agencies forcibly removed tens of thousands of Aboriginal and Torres Strait Islander children from their families and placed them up for adoption or in group homes and church missions. These children are known as the Stolen Generations. Domestic remedies have proven insufficient in... 2022  
Joyce E. McConnell Securing the Care of Children in Diverse Families: Building on Trends in Guardianship Reform 10 Yale Journal of Law & Feminism 29 (1998) I. Introduction II. Current Law: Inadequately Meeting Needs of Diverse Favilies and Their Children A. Continuum of Transferred Rights B. Traditional Guardianship 1. Basic Principles of Legal Parents' Natural Guardianship Rights 2. Testamentary Appointment of Guardian C. Nontraditional Guardianship: Standby Guardianship D. Coguardianship E. Power of; Search Snippet: ...feature of this federal policy was the practice of removing Indian children from their families and tribes for assimilation purposes. [FN112] Some were placed in boarding schools, far from their reservations, [FN113] and others were placed in non- Indian adoptive homes. [FN114] Recognizing the devastation that this federal policy... 1998  
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  
Michael I. Fiske Self-determination for Whom? Native American Sovereign Immunity & Disability Rights 10 Albany Government Law Review 271 (2017) Both Native American tribes and individuals with disabilities are historically oppressed minorities that have experienced a variety of profound social, cultural, and economic barriers. From the very beginnings of the United States, dominant societal attitudes have perceived Native Americans as being inferior and uncivilized, and commonly referred; Search Snippet: ...policies on the part of the federal government to suppress Native American cultures, languages, and religious traditions; while attempting to forcibly... 2017  
Tadd M. Johnson , James Hamilton Self-governance for Indian Tribes: from Paternalism to Empowerment 27 Connecticut Law Review 1251 (Summer 1995) This Article identifies a fundamental shift in the relationship between the federal government and American Indians heralded by the passage of the Tribal Self Governance Act. This law is an evolutionary response to the historic tension between the two main tenets of federal Indian law--Tribal Sovereignty and Federal Trust Responsibility. This; Search Snippet: self-govern. Perhaps the most pernicious attempt at civilizing Indians were the Indian boarding schools. Indian children were expropriated from their homes and families to be educated... 1995  
Rebecca Tsosie Separate Sovereigns, Civil Rights, and the Sacred Text: the Legacy of Justice Thurgood Marshall's Indian Law Jurisprudence 26 Arizona State Law Journal 495 (Summer, 1994) When Justice Thurgood Marshall stepped down from the Supreme Court, many people mourned the loss of his vision of equality, civil rights, and justice. Marshall's vision lives on in his opinions, however, providing a legacy for future courts grappling with difficult issues such as sovereignty, civil rights, federalism, and individual liberty; Search Snippet: citizenship for other Americans. Even after the 1924 Act, Indians were considered to be wards of the federal government, and the government, through its plenary power over Indians, could take their property rights, limit their rights to religious freedom, and forcibly remove their children to boarding schools, all for their own good. [FN191] Although the overt... 1994  
Carol Sanger Separating from Children 96 Columbia Law Review 375 (March, 1996) I. Introduction. 376 II. The Social History of Maternal Presence. 388 A. Regulating Separations: An Historical Overview. 389 1. Exposure, Oblation, and Abandonment. 390 2. Wet-Nursing. 395 3. Apprenticeships. 396 B. Inventing the Virtue: The Nineteenth Century. 399 C. The Grand Prerogative Today. 409 III. Reconsidering Separations. 420 A; Search Snippet: ...see Sanger, supra note 172, at 317, secondary schools for Native American children were provided only off reservations, see Margaret Connell Szasz, Federal Boarding Schools and the Indian Child: 19201960, in Growing Up in America: The Child in... 1996  
Marcia Yablon-Zug Separation, Deportation, Termination 32 Boston College Journal of Law & Social Justice 63 (Winter, 2012) Abstract: There is a growing practice of separating immigrant children from their deportable parents. Parental fitness is no longer the standard with regard to undocumented immigrant parents. Increasingly, fit undocumented parents must convince courts and welfare agencies that continuing or resuming parental custody is in their child's best; Search Snippet: ...iteration of this phenomenon. [FN296] B. Best Interest Considerations and Indian Children The history of separating Indian children from their parents provides a compelling example of how biases... 2012  
Suzanne Koepplinger Sex Trafficking of American Indian Women and Girls in Minnesota 6 University of Saint Thomas Law Journal 129 (Fall 2008) The views represented in this article are those of the author. The terms American Indian, Native American, and Indian will be used interchangeably. The Minnesota Indian Women's Resource Center (MIWRC), in partnership with several culturally based non-profit service providers in the state, recently began investigating anecdotal reports of; Search Snippet: ...Indian communities suffer from FAS or PFAS. Christian Alliance for Indian Child Welfare, Fetal Alcohol Spectrum Disorder: Incidence of Alcohol Abuse in... 2008  
Rodina Cave Simplifying the Indian Trust Responsibility 32 Arizona State Law Journal 1399 (Winter, 2000) The concepts of trust or trust fund are nothing new to the legal world. The term trust fund evokes images of rich kids in college living the life of luxury or of an academic institution with a department that is funded through a trust. The word trust also raises images of being able to rely on the integrity of someone or to have confidence; Search Snippet: establish missions on the reservation and programs to send Indian children to boarding schools where they could be assimilated into American society. [FN32... 2000  
W. Clinton “Buck” Sterling Sources of Alaska Legal History: an Annotated Bibliography, Part I 110 Law Library Journal 333 (Summer, 2018) The author provides an annotated bibliography of sources detailing the legal history of Alaska. Introduction. 334 Bibliography. 335 Alaska Bar, Practice and Education. 335 Alaska Constitution and Constitutional Law. 338 Alaska Court Procedure. 342 Alaska Legislature. 343 Alaska National Interest Lands Conservation Act (ANILCA). 343 Alaska Native; Search Snippet: ...Anchorage, 2001. [FN66] This report provides a historical analysis of Indian Child Welfare Act implementation in Alaska. It includes a review of... 2018  
Malinda L. Seymore SPECIALTY BAR ASSOCIATIONS AND THE MARKETING OF ETHICS: THE EXAMPLE OF THE ACADEMY OF ADOPTION ATTORNEYS 35 Notre Dame Journal of Law, Ethics & Public Policy 49 (2021) In a world of lawyer jokes, memes of sleazy lawyers, and the ubiquity of bad lawyers in television shows and movies, lawyers have reason to push back against negative public perceptions of lawyers' ethics. This article examines the role of specialty bar associations, by using the example of the Academy of Adoption Attorneys, in marketing ethics to... 2021  
Sheri L. Hazeltine Speedy Termination of Alaska Native Parental Rights: the 1998 Changes to Alaska's Child in Need of Aid Statutes and Their Inherent Conflict with the Mandates of the Federal Indian Child Welfare Act 19 Alaska Law Review 57 (June, 2002) This Article examines the problems with the new Child in Need of Aid (CINA) statutes and how these problems have affected Alaska Native families. The Article discusses how the new CINA statutes have failed to incorporate the special protections found under the federal Indian Child Welfare Act (ICWA) for cases involving Alaska Native children; Search Snippet: ...AND THEIR INHERENT CONFLICT WITH THE MANDATES OF THE FEDERAL INDIAN CHILD WELFARE ACT Sheri L. Hazeltine [FNa1] Copyright © 2002 Sheri L... 2002 Child Welfare
Allison M. Dussias Spirit Food and Sovereignty: Pathways for Protecting Indigenous Peoples' Subsistence Rights 58 Cleveland State Law Review 273 (2010) The right of taking fish at usual and accustomed grounds and stations is further secured to said Indians . . . together with the privilege of hunting and gathering roots and berries . . . . -Treaty of Point No Point, 1855 Water is the life-supporting blood of Mother Earth that human beings share in common with all living things. -Sokaogon Chippewa; Search Snippet: ...the assimilationist agenda of past U.S. government policy toward tribes. Boarding schools and day schools, run by the government and by... 2010  
The Rutgers Journal of Law and Public Policy, February 10, 2022 SPRING 2022 SYMPOSIUM TRANSCRIPT 19 Rutgers Journal of Law & Public Policy 425 (Spring, 2022) On February 10, 2022, the Rutgers Journal of Law and Public Policy hosted the Reforming and Restructuring Child Welfare Law in New Jersey and Abroad Symposium. Speakers included moderator Randi Mandelbaum, Distinguished Clinical Professor of Law at Rutgers Law School and Annamay Sheppard Scholar; Sydney Groll, Independence Foundation Public... 2022  
Barbara Ann Atwood STANDING MATTERS: BRACKEEN, ARTICLE III, AND THE LURE OF THE MERITS 23 Journal of Appellate Practice and Process 105 (Winter, 2023) The Supreme Court's grant of certiorari in Brackeen v. Haaland and consolidated petitions marks only the third time that the Court has taken up a case arising under the Indian Child Welfare Act of 1978 (ICWA). From its inception in the Northern District of Texas to the Fifth Circuit's en banc decision, the litigation has been closely watched, not... 2023  
Matthew L.M. Fletcher States and Their American Indian Citizens 41 American Indian Law Review 319 (2017) For the past four decades, Republican control of the White House and Congress has not augured well for Indian country. Conservative administrations are unlikely to support trust land acquisitions, for example. The current administration's informal spokesmen talk openly of privatizing Indian trust and reservation lands, a twenty-first century form; Search Snippet: ...termination. [FN2] The Obama administration's cooperation with Indian tribes in Indian child welfare litigation and trust land acquisition matters, to name two... 2017  
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  
Gloria Valencia-Weber, Antoinette Sedillo Lopez Stories in Mexico and the United States about the Border: the Rhetoric and the Realities 5 Intercultural Human Rights Law Review 241 (2010) Immigration was a hot topic before the failure of the June 2007 United States (U.S.) President's Immigration Reform Bill and remains so today. President Obama has promised to work on comprehensive immigration reform. This initiative will, of course, involve popular discourse and press coverage. During the time in which the 2007 Immigration Reform; Search Snippet: ...the U.S. government accelerated its policy and practice of removing Indian children from their families to send their children to boarding schools away from their homelands. [FN221] In response, the Papago... 2010  
Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University STORYTELLING AND THE HIGH COUNTRY: READING LYNG v. NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION (1988) 36 Journal of Law and Religion 181 (August, 2021) In Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), the Supreme Court declared constitutional the Forest Service's development plan in an area of the Six Rivers National Forest (known as the High Country) that is central to the religious practice of the Yurok, Karuk, and Tolowa Nations. The Court admitted that [i]t is... 2021  
Angelique EagleWoman, Wambdi A. Was'teWinyan, Dominic J. Terry, Lani Petrulo., Dr. Gavin Clarkson, Angela Levasseur, Leah R. Sixkiller, Jack Rice STORYTELLING AND TRUTH-TELLING: PERSONAL REFLECTIONS ON THE NATIVE AMERICAN EXPERIENCE IN LAW SCHOOLS 48 Mitchell Hamline Law Review 704 (May, 2022) I. Introduction. 705 II. Becoming a Native Lawyer. 710 A. Ya'at'eeh!. 710 B. Don't Be A Victim of Your Environment. 710 C. Work Hard, and Never Give Up. 711 D. The Scenic Route. 711 E. So Close, Yet So Far. 712 F. The Bar Exam Does Not Define You!. 713 G. Ya'at'eeh, My Name is Dominic Terry. 713 III. Barred: A Personal Reflection on the Native... 2022  
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  
John P. LaVelle Strengthening Tribal Sovereignty Through Indian Participation in American Politics: a Reply to Professor Porter 10-SPG Kansas Journal of Law & Public Policy 533 (Spring, 2001) I hope that we have had enough fighting amongst ourselves. The occasion for this essay came about in a peculiar way. I missed the first day of fall 2000 classes at the University of South Dakota School of Law because my wife and I were attending the Democratic National Convention in Los Angeles. When I returned to my office at the law school, I; Search Snippet: ...of the Indian Apocalypse: convert the Indians to Christianity, force Indian children to obtain Western education, allot tribal common lands to individual... 2001  
Robert B. Porter Strengthening Tribal Sovereignty Through Peacemaking: How the Anglo-american Legal Tradition Destroys Indigenous Societies 28 Columbia Human Rights Law Review 235 (Winter 1997) Three Killed in Gunbattle Triggered by Seneca Feud --Headline, The Buffalo News State Court jurisdiction over the type of internal dispute present here would set a dangerous precedent that could severely undermine the (Seneca) Nation's sovereignty, usurp the authority of the Nation's courts, and erode the power of the Nation's leaders to govern for; Search Snippet: ...population. [FN163] Official federal government action, including the establishment of boarding schools, police agencies, and prisons also took place as means of ensuring native assimilation as quickly as possible. [FN164] One of the most... 1997  
Sandra B. Zellmer Sustaining Geographies of Hope: Cultural Resources on Public Lands 73 University of Colorado Law Review 413 (Spring 2002) Then I was standing on the highest mountain of them all, and round about beneath me was the whole hoop of the world. . . . [T]he sacred hoop of my people was one of many hoops that made one circle, wide as daylight and as starlight, and in the center grew one mighty flowering tree to shelter all the children of one mother and one father. And I saw; Search Snippet: ...culture and become assimilated into Anglo society. Relocation programs placed Indians in jobs in urban centers away from their reservations and tribal communities and took Indian children away from their families to be educated at distant boarding schools. [FN90] Many of these schools, and many schools on... 2002  
Kevin J. Worthen Sword or Shield: the past and Future Impact of Western Legal Thought on American Indian Sovereignty 104 Harvard Law Review 1372 (April, 1991) [American Indian tribes'] rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle that discovery gave exclusive title to those who made it. Chief Justice Marshall's explanation of the; Search Snippet: ...Indian religious practices and traditional forms of government, separation of Indian children from their homes, wholesale spoilation of treaty-guaranteed resources, forced... 1991  
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  
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  
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