Ruthann Robson Assimilation, Marriage, and Lesbian Liberation 75 Temple Law Review 709 (Winter 2002) I. Introduction. 710 II. Assimilation and Legal Culture. 712 A. The Dominant and Idealized Group. 715 B. The Coercive Nature of Assimilation. 717 C. The Constitutional Interests of Equality. 719 D. Both Assimilation and Anti-Assimilation Can Be Repressive. 722 E. Segregation and Separatism. 725 F. The Disagreement Within Communities. 727 III; Search Snippet: ...first occurred through explicit policies administered by the Bureau of Indian Affairs, which forced Native children to attend boarding schools for eight years, during which time the children were not permitted to speak their native language, wear native clothes or keep their hair long. [FN64] State welfare agencies... 2002
Larry EchoHawk Child Sexual Abuse in Indian Country: Is the Guardian Keeping in Mind the Seventh Generation? 5 NYU Journal of Legislation and Public Policy 83 (2001-2002) When European settlers first came to the northeastern shore of America, they encountered the great Iroquois Confederacy. Through this contact, white men were intrigued and influenced by several principles of governance used by the Iroquois. One of these principles is reflected in a phrase that captures the spirit of the Iroquois's view toward; Search Snippet: ...Native American children and to bring those who sexually molest Indian children to justice. I Child Sexual Abuse in America A. Statistics... 2002
Danelle J. Daugherty Children Are Sacred: Looking Beyond Best Interests of the Child to Establish Effective Tribal-state Cooperative Child Support Advocacy Agreements in South Dakota 47 South Dakota Law Review 282 (2002) Interstate child support advocacy has been streamlined to deal with the problems relating to parties residing in different jurisdictions. Although these laws recognize and call for cross-jurisdictional recognition of tribal child support orders, in practice, that mandate is not always followed. In addition, tribal courts are often on the defensive; Search Snippet: ...their languages; second, a widespread education effort utilized military-style boarding schools including punishments for behavior of a cultural nature; [FN17... 2002
Carole Goldberg Descent into Race 49 UCLA Law Review 1373 (June, 2002) Unlike Indian nations themselves, some federal and state courts are conceptualizing Indian identity as a racial identity. Courts, in turn, are using this racialized understanding of Indian identity as the basis for invalidating federal laws, such as the Reindeer Act and the Indian Child Welfare Act, that Congress passed to address tribal needs; Search Snippet: ...invalidating federal laws, such as the Reindeer Act and the Indian Child Welfare Act, that Congress passed to address tribal needs. Some... 2002
Barbara Ann Atwood Flashpoints under the Indian Child Welfare Act: Toward a New Understanding of State Court Resistance 51 Emory Law Journal 587 (Spring 2002) The Indian Child Welfare Act (ICWA or the Act), a unique statute in the American legal landscape, was an effort by Congress to reverse the wholesale separation of Indian children from their families and to restore tribal authority over the welfare of Indian children. By some accounts the Act has been the victim of entrenched state court; Search Snippet: ...JOURNAL Emory Law Journal Spring 2002 Article FLASHPOINTS UNDER THE INDIAN CHILD WELFARE ACT: TOWARD A NEW UNDERSTANDING OF STATE COURT RESISTANCE... 2002
Louis Fisher Indian Religious Freedom: to Litigate or Legislate? 26 American Indian Law Review Rev. 1 (2001-2002) For most of U.S. history, little was done at the national or state level to protect the religious practices of Indians. Initially they were to be civilized, assimilated, and acculturated into American society. Later stages led to exclusion of most Indians from the east coast, the creation of additional reservations, and termination of federal; Search Snippet: ...missionaries and religious societies brought in to establish schools for Indian children. [FN14] President John Quincy Adams told Congress in 1828 that... 2002
John D. Barton , Candace M. Barton Jurisdiction of Ute Reservation Lands 26 American Indian Law Review 133 (2001-2002) In 1994, after years of litigation involving several court cases, the Supreme Court of the United States handed down a landmark decision that ruled on jurisdiction over former Ute reservation lands. This case has since become the final word in jurisdiction of reservation lands throughout the United States. As with most policy setting decisions, the; Search Snippet: ...the government's third objective was to further assimilation by removing Indian children from their families and placing them in Indian boarding schools. In these boarding schools the Indian children were not allowed to speak their native language or practice their religious ceremonies. Some of the Indian... 2002
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
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
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
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
Richard B. Maltby The Indian Child Welfare Act of 1978 and the Missed Opportunity to Apply the Act in Guardianships 46 Saint Louis University Law Journal 213 (Winter 2002) State courts have had over two decades to mold the Indian Child Welfare Act of 1978 (ICWA or the Act) into a mechanism for protecting Indian heritage while simultaneously providing the ideal nurturing conditions for Indian children who are the subjects of custodial proceedings involving a non-parent. Although there are no typical ICWA cases,; Search Snippet: ...JOURNAL Saint Louis University Law Journal Winter 2002 Note THE INDIAN CHILD WELFARE ACT OF 1978 AND THE MISSED OPPORTUNITY TO APPLY... 2002
Lindsay Glauner The Need for Accountability and Reparation: 1830-1976 the United States Government's Role in the Promotion, Implementation, and Execution of the Crime of Genocide Against Native Americans 51 DePaul Law Review 911 (Spring 2002) The opposite of love is not hate; it's indifference. The opposite of art is not ugliness; it's indifference. The opposite of faith is not heresy; it's indifference. The opposite of life is not death; it's indifference. Because of indifference, one dies before one actually dies. Elie Wiesel. On September 8, 2000, the head of the Bureau of Indian; Search Snippet: ...the forced sterilization programs, [FN103] and the forced transfer of Native American children to boarding schools [FN104] would be perceived as having had the intent... 2002
Natsu Taylor Saito The Plenary Power Doctrine: Subverting Human Rights in the Name of Sovereignty 51 Catholic University Law Review 1115 (Summer, 2002) To deny any person their human rights is to challenge their very humanity. Nelson Mandela Human rights law is a subset of the system of international law that evolved in Europe over the several centuries during which European states were consolidated and reached out to lay claim to the rest of the world. Because it is a system created by states,; Search Snippet: ...genocidal and ecocidal policies of almost unimaginable proportions. Generations of Indian children were forcibly removed from their families and imprisoned in boarding schools where they were stripped of their culture, traumatized, and... 2002
Dean B. Suagee The Supreme Court's "Whack-a-mole" Game Theory in Federal Indian Law, a Theory That Has No Place in the Realm of Environmental Law 7 Great Plains Natural Resources Journal 90 (Fall 2002) I. A Short Explanation of the Court's Whack-a-Mole Game Theory. 97 A. The General Proposition of Montana v. United States. 97 B. The Whack-a-Mole Line of Cases. 99 C. The 2001 Decisions. 102 1. Atkinson Trading Company, Inc. v. Shirley. 102 2. Nevada v. Hicks. 104 D. The Importance of the Sweeping Premise. 105 II. The Court's Disregard for; Search Snippet: ...the land-ownership prong of its assimilationist strategy by taking Indian children away from their homes and sending them to boarding schools. The overall consequence was a great deal of cultural... 2002
Robert B. Porter - Odawi Two Kinds of Indians, Two Kinds of Indian Nation Sovereignty: a Surreply to Professor Lavelle 11 Kansas Journal of Law & Public Policy 629 (Spring, 2002) If you can free your mind, the body will follow. - Morpheus I. INTRODUCTION John LaVelle, my colleague at the University of South Dakota, graciously took up the task of commenting on my article arguing against the increasing practice of American Indians to self-identify as, and to exercise the political rights of, American citizens. Professor; Search Snippet: ...fails to acknowledge that the fundamental purpose of making the Indians Christians, like sending them to the boarding schools, was to completely destroy traditional Indian culture and identity. That is why today it is not... 2002
John Rockwell Snowden , Wayne Tyndall , David Smith American Indian Sovereignty and Naturalization: It's a Race Thing 80 Nebraska Law Review 171 (2001) I. A Sketch of Naturalization in the United States. 176 A. The Historical Background of Naturalization in the United States. 176 1. English Roots: The Theory of Natural Allegiance. 176 2. The Colonial Experience: The Theory of Volitional Allegiance Emerges. 179 3. Defining the Qualifications for Naturalization After Independence. 181 B. Current; Search Snippet: ...established by the BIA to qualify for Federal benefits. Many Indian children whose parents met and married at off-reservation inter-tribal boarding schools got left out of tribal per capita payments and... 2001
Robert J. Miller Economic Development in Indian Country: Will Capitalism or Socialism Succeed? 80 Oregon Law Review 757 (Fall 2001) I. Traditional American Indian Economies and Private Property Concepts. 764 A. Indian Private Property Rights. 767 1. Land. 767 2. Private Property Rights Other Than Land. 773 3. Wealth Accumulation. 776 B. Tribal Economies. 780 1. Tribal Economic Management. 781 2. Tribal and Individual Indian Trading. 785 a. Native Trading Networks. 786 b. Tribal; Search Snippet: ...and state schools on or near reservations that serve many Indian children have numerous needs and are below the U.S. school averages... 2001
Robert J. Miller Exercising Cultural Self-determination: the Makah Indian Tribe Goes Whaling 25 American Indian Law Review 165 (2000-2001) Save a Whale, Harpoon a Makah American Indian tribes and Alaskan and Hawaiian natives have long suffered under the cultural oppression of European and American societies. As a result many tribal traditions, cultures, and languages have disappeared from the North American continent and Hawaiian Islands. Today, American Indian tribes and native; Search Snippet: ashamed of their own families, culture, and language. [FN209] Boarding schools were used at Makah from roughly 1870-1940 the same as in the rest of Indian country to teach Indian children civilized ways and to eradicate Indian culture. [FN210] Makah families were forced to send their children... 2001
Rose Weston Facing the Past, Facing the Future: Applying the Truth Commission Model to the Historic Treatment of Native Americans in the United States 18 Arizona Journal of International & Comparative Law 1017 (2001) We have to face the unpleasant as well as the affirmative side of the human story, including our own story as a nation, our own stories of our peoples. We have got to have the ugly facts in order to protect us from the official view of reality. Bill Moyers, Journalist The history of the United States is rife with allegations of the most serious; Search Snippet: ...with its whole range of exclusionary practices. [FN197] Generations of Native American children were abducted from their families and confined in isolated boarding schools whose purpose, often openly stated, was to assimilate native tribes by destroying the connection between the children and their native cultures. [FN198] These historical examples of violence and mistreatment constitute... 2001
David H. Getches Indian Reserved Water Rights: the Winters Doctrine in its Social and Legal Context, 1880s-1930s. By John Shurts. Norman: University of Oklahoma Press. 2000. Pp. Xv, 333. $39.95. 99 Michigan Law Review 1473 (May, 2001) A single, century-old court decision affects the water rights of nearly everyone in the West. The Supreme Court's two-page opinion in Winters v. United States sent out shock waves that reverberate today. By formulating the doctrine of reserved water rights, the Court put Indian tribes first in line for water in an arid region. Priority is; Search Snippet: ...thought, depended on destruction of Indian culture and reservations. And Indian children were to be civilized by removing them from their families and putting them in boarding schools, where they were forced to give up their dress... 2001
Allison M. Dussias Let No Native American Child Be Left Behind: Re-envisioning Native American Education for the Twenty-first Century 43 Arizona Law Review 819 (WINTER, 2001) The work of the government directed toward the education and advancement of the largely ineffective.... [T]he government has not appropriated enough funds to permit the Indian Service to employ an adequate personnel properly qualified for the task before it. -- Meriam Report, 1928 [O]ur national policies for educating American Indians; Search Snippet: ...are a failure of major proportions. They have not offered Indian children--either in years past or today--an educational opportunity anywhere... 2001
Margaret F. Brinig Moving Toward a First-best World: Minnesota's Position on Multiethnic Adoptions 28 William Mitchell Law Review 553 (2001) I. Introduction. 553 II. A Brief Historical Review of Multicultural Adoption. 555 III. Demography, or A Political Win with Very Little Cost. 568 IV. The Substitute--Kinship Foster Care. 577 V. The Transracial Adoption Debate. 583 VI. Some Empirical Observations. 587 VII. Conclusions. 589 VIII. Appendix. 596; Search Snippet: ...biological family and heritage. At the outset, Minnesota promulgated the Indian Child Welfare Act (ICWA), [FN27] adopted the ALI/ABA rules protecting... 2001
Ruthann Robson Our Children: Kids of Queer Parents & Kids Who Are Queer: Looking at Sexual Minority Rights from a Different Perspective 64 Albany Law Review 915 (2001) Much of the conservative right's rhetoric in the realm of minority sexualities has focused on children. Drawing on themes of disease and seduction, Christian fundamentalists have portrayed gay men and lesbians as predators who target children, hoping to seduce them into a life of depravity and disease. As Jeffrey Weeks noted many years ago, it; Search Snippet: ...American children was finally addressed by Congress, resulting in the Indian Child Welfare Act of 1978. [FN49] Meanwhile, the persecution of sexual... 2001
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
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
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
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
Annette Ruth Appell Virtual Mothers and the Meaning of Parenthood 34 University of Michigan Journal of Law Reform 683 (Summer 2001) Professor Appell supports the use of the traditional parental rights doctrine, which accords biological parents, particularly mothers, parental status alienable only voluntarily or upon proof of unfitness. She defends the doctrine against the criticisms that it is regressive and does not protect the interests of children or de facto parents. She; Search Snippet: used to define families. The government's coercive removal of Native American children from their families and tribes to foster homes and government boarding schools reveals the personal and cultural destructiveness of discretionary decisionmaking... 2001
Vine Deloria, Jr. A Walk on the Inside 71 University of Colorado Law Review 397 (Spring 2000) We are taught that attorneys are officers of the court, and we like to think of ourselves as representatives of the law. But how do we represent the law? To what degree does it become part of ourselves, allowing us to look back on our lives and see that we have become an integral participant in the legal process in the most positive fashion? And; Search Snippet: ...broken that idea into pieces by enticing, and then kidnapping, Indian children to its off-reservation boarding schools, by depriving parents of rations due to them under... 2000
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