David Wilkins An Inquiry into Indigenous Political Participation: Implications for Tribal Sovereignty 9-SUM Kansas Journal of Law & Public Policy 732 (Summer, 2000) When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to-tribal, state, and federal-we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only; Search Snippet: ...A number of issues were addressed including taxation, education, appropriations, Indian child welfare, senior citizens, environmental issues and especially Indian gaming. But... 2000
Richard Delgado ; Jean Stefancic California's Racial History and Constitutional Rationales for Race-conscious Decision Making in Higher Education 47 UCLA Law Review 1521 (August, 2000) Richard Delgado and Jean Stefancic examine the history of racial mistreatment of citizens of color in California. Beginning with incidents of racial brutality during the early Spanish colonial period and proceeding into the present, Delgado and Stefancic reveal that California has not been the egalitarian paradise many suppose. The authors write; Search Snippet: ...FN362] Indian schools, by contrast, seem to have done the Indian children sent there very little favor. As mentioned earlier, [FN363] Spanish... 2000
Angela P. Harris Equality Trouble: Sameness and Difference in Twentieth-century Race Law 88 California Law Review 1923 (December, 2000) Introduction. 1925 I. The First Reconstruction: Prelude to the Twentieth Century. 1930 A. The Legal Structure of the First Reconstruction. 1931 B. Dismantling Reconstruction: The Southern Redemption. 1936 II. Race Law in the Age Of Difference. 1937 A. Civilization and Self-Determination: The Increasing Importance of Race. 1938 B. Race Law and; Search Snippet: ...low with respect to relations between the federal government and Indian tribes. Government policy in the assimilation period had entailed allotment of Indian lands, the removal of political power over their own affairs from the tribes, the coerced destruction of Indian cultures through Americanization programs such as boarding schools for Indian children, the suppression of Indian... 2000
Pat Sekaquaptewa Evolving the Hopi Common Law 9-SUM Kansas Journal of Law & Public Policy 761 (Summer, 2000) But will you, friend, explain to me that which I cannot understand? Why do the white people want to stop our dances and our songs? Why do they trouble us? Why do they interfere with what can harm them not? What ill do we do any white man when we dance? Lololomai, white men do not understand your dances or your songs. They do not even know one word; Search Snippet: ...oldest and largest villages. [FN12] By 1934, the federal government's boarding schools, Indian agents, police, judge and jail were well established in Hopi... 2000
Dena L. Silliman, Esq. Francis Browning Pipestem: a Great and Savage Warrior 24 American Indian Law Review IX (2000) On August 2, 1999, F. Browning Pipestem passed from this life and Indian country suffered the loss of its most zealous advocate. Browning Pipestem, award-winning attorney and scholar, spent thirty-one years in the pursuit of justice, the protection of tribal sovereignty, and judicial and legislative confirmation of the rights of tribes and Indian; Search Snippet: ...of eight, his early years were spent at the Chilocco Indian School a government boarding school for Indians located on the Oklahoma-Kansas border. Browning could entertain for... 2000
Lanette P. Dalley Imprisoned Mothers and Their Children: Their Often Conflicting Legal Rights 22 Hamline Journal of Public Law and Policy Pol'y 1 (Fall 2000) Justice, it is said, is about acquitting the innocent and punishing the guilty, but when mothers are imprisoned their children become the silent victims and are penalized the most. Robert Shaw (1993) Inmates and their families have been brought to the forefront of not only the correctional system but also to society, largely because of the; Search Snippet: ...American imprisoned mothers throughout the parental termination proceedings since the Indian Child Welfare Act (1978) mandates legal representation for the parents relating... 2000
Peter K. Wahl Little Power to Help Brenda? A Defense of the Indian Child Welfare Act and its Continued Implementation in Minnesota 26 William Mitchell Law Review 811 (2000) I. Introduction. 812 II. Background of the Indian Child Welfare Act. 815 A. The History of Indian Child Placement Programs. 816 B. The History of ICWA. 817 III. The Indian Child Welfare Act. 820 A. Provisions of the Indian Child Welfare Act. 820 1. Notice Provisions. 821 2. Jurisdiction Provisions. 821 a. Public Law 280. 822 b. Tribal Power in; Search Snippet: ...Article LITTLE POWER TO HELP BRENDA? A DEFENSE OF THE INDIAN CHILD WELFARE ACT AND ITS CONTINUED IMPLEMENTATION IN MINNESOTA Peter K... 2000
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
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
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
Raymond Cross Tribes as Rich Nations 79 Oregon Law Review 893 (Winter 2000) If you have understanding and heart, show only one. Both they will damn, if both you show together. Emancipating today's American Indian peoples requires a fundamental restructuring of the contemporary concept of tribal self-determination. Bound by their legal status as tribes, assigned to them by Supreme Court opinions now almost 200 years old,; Search Snippet: ...their tribesmen to be white Indians. [FN68] Third, allotment encouraged Indian parents to send their children to the newly-created federal Indian boarding schools. [FN69] An American-type education was deemed to be the most reliable means for assimilating Indian children into a non-Indian society. [FN70] It was the archetypal... 2000
Steve Russell , University of Texas A Black and White Issue: the Invisibility of American Indians in Racial Policy Discourse 4 Georgetown Public Policy Review 129 (Spring, 1999) The President's Initiative on Race concluded little about American Indians, except that they are in dire circumstances. This article describes those circumstances and the difficulties that face policymakers in addressing Indian problems. Indians grappling with issues of economic development, education and internal democracy find themselves in a; Search Snippet: ...language and culture, autonomy and survival to pass on to Indian children. That question subdivides into issues to be addressed by governments... 1999
Raymond Cross American Indian Education: the Terror of History and the Nation's Debt to the Indian Peoples 21 University of Arkansas at Little Rock Law Review 941 (Summer, 1999) With an education, you become the White man's equal. Without it you remain his victim.- Crow Chief, Plenty Coups When God wanted to create the world, the conservative angels, with tears in their eyes, shouted to him, Lord, do not destroy chaos'. - Monsieur de Mere American Indian education, like the dismal state of the weather in Mark Twain's; Search Snippet: ...of American Indian education in the 1990's: over 10% of Indian children are not enrolled in any school; over 75% of Indian children are at least one grade behind in school; a disproportionate number of Indian children are diagnosed as having emotional disorders or are enrolled in... 1999
Gerald L. “Jerry” Brown, ; Reeve Love, ; and Bradley Scott An Historical Overview of Indian Education and Four Generations of Desegregation 2 Journal of Gender, Race and Justice 407 (Spring 1999) From time immemorial, indigenous people of this country have established their own educational system in accordance with their cultural ways. Today several hundred Indian nations still exist in the United States. It is important to start with that backdrop in examining the issues discussed in this article. This article will present an historical; Search Snippet: ...the purpose of Indian education, or the mainstream education of Indian children, was to de-Indianize the children. [FN17] Boarding schools were developed, the most famous of which is probably Carlisle Indian School. [FN18] One assimilation strategy was to take children from... 1999
Lloyd Burton ; and David Ruppert Bear's Lodge or Devils Tower: Inter-cultural Relations, Legal Pluralism, and the Management of Sacred Sites on Public Lands 8 Cornell Journal of Law & Public Policy 201 (Winter 1999) Seven young girls strayed from camp and were chased by bears. As the bears were about to catch them they sought refuge on a low rock about three feet in height. One girl prayed for the rock to take pity on them. As a result the rock began to grow skyward pushing the girls out of reach of the bears. The bears jumped and scratched at the rock [giving; Search Snippet: ...federal effort to obliterate tribal culture altogether. The government sent Indian children to English-only boarding schools many miles from home and family, and prohibited, under... 1999
Alisa Cook Lauer 2000 Dispelling the Constitutional Creation Myth of Tribal Sovereignty, United States V. Weaselhead 78 Nebraska Law Review 162 (1999) Long ago There were no Stars, no moon, no sun. There was only darkness and water. A raft floated on the water, and on the raft sat a turtle. Then from the sky, a spirit came down and sat on the raft. Who are you? asked turtle. Where do you come from? I came from above, answered the spirit. Can you create some land for us? asked turtle. We; Search Snippet: ...495 (1898) (the Curtis Act). Congress's assimilationist policies to civilize Indians promoted taking Indian children from their parents and requiring them to attend boarding schools, and prohibited Indians from engaging in their traditional religious practices. See Cases and... 1999
Donna Coker Enhancing Autonomy for Battered Women:lessons from Navajo Peacemaking 47 UCLA Law Review Rev. 1 (October, 1999) In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as; Search Snippet: ...1870s until the early 1900s, the U.S. federal government removed Indian children, often forcibly, from their parents and sent them hundreds of miles away to boarding schools. [FN91] Children were often not allowed to speak their... 1999
B.J. JONES In Their Native Lands: the Legal Status of American Indian Children in North Dakota 75 North Dakota Law Review 241 (1999) American Indian children in North Dakota shoulder a unique legal status. They are citizens of three separate political entities: the United States, the state of North Dakota, and the Indian tribe to which they belong. Because the Indian tribes to which they belong maintain a distinctive political relationship with the United States government,; Search Snippet: ...Article IN THEIR NATIVE LANDS: THE LEGAL STATUS OF AMERICAN INDIAN CHILDREN IN NORTH DAKOTA B.J. JONES [FNa1] Copyright (c) 1999 North... 1999
Kristen A. Carpenter Interpreting Indian Country in State of Alaska V. Native Village of Venetie 35 Tulsa Law Journal 73 (Fall, 1999) I think that the [Alaska Native Claims Settlement Act] will never fully to the extent advocate and stand individually for the real Native part of us. I think that ANCSA is not totally Native. It is written in the Western-adopted ways, and that it has that business nature where the land is collateral, just like a car or anything. Anyone, in one way; Search Snippet: ...Determination Act (1974), [FN373] Indian Financing Act (1974), [FN374] the Indian Child Welfare Act (1978), [FN375] the Indian Tribal Justice Act (1993... 1999
Robert B. Porter Legalizing, Decolonizing, and Modernizing New York State's Indian Law 63 Albany Law Review 125 (1999) The Indian Law, although a part of the scheme of general laws, is but a collection of special statutes relating to the several tribes of Indians remaining in the state. Following this plan an examination has been made of all statutes relating to Indians, and such as were found to be unrepealed but superceded or obsolete have been placed in the; Search Snippet: ...Reservations [FN61] and, in 1855, it established the State's first Indian boarding school. [FN62] Also during this time, the State Board of... 1999
Alexis A. Lury Official Insignia, Culture, and Native Americans: an Analysis of Whether Current United States Trademark Law Should Be Changed to Prevent the Registration of Official Tribal Insignia 1 Chicago-Kent Journal of Intellectual Property 137 (Fall, 1999) The United States is a multinational and multicultural country. As such, the United States must constantly balance the interests of the numerous cultural, ethnic, political and racial groups that exist within its borders. However, differences exist even within each of these groups. Of particular concern to the United States and its people are the; Search Snippet: ...established by a former military officer. Its philosophy of separating Indian children totally from their Indian environment and forcing them to adopt white ways became the basis for a widescale [sic] boarding school movement that eventually removed thousands of Indian children from their cultural settings and families Everything Indian came under attack. Indian feasts, languages, certain marriage practices, dances... 1999
Sandra C. Ruffin Postmodernism, Spirit Healing, and the Proposed Amendments to the Indian Child Welfare Act 30 McGeorge Law Review 1221 (Summer, 1999) There is only one child and her name is Children A Native American Saying Nothing in this article is true; it's just the way things are. The suicide rate among Indian youths is twice the national average. Social scientists directly attribute this aggravated rate to the identity crisis resulting from Indian children being raised outside of their; Search Snippet: ...Article POSTMODERNISM, SPIRIT HEALING, AND THE PROPOSED AMENDMENTS TO THE INDIAN CHILD WELFARE ACT Sandra C. Ruffin [FNa1] Copyright (c) 1999 McGeorge... 1999
Dean B. Suagee The Cultural Heritage of American Indian Tribes and the Preservation of Biological Diversity 31 Arizona State Law Journal 483 (Summer, 1999) Table of Contents I. Introduction. 485 II. Tribal Self-Government in the United States. 490 A. Foundation Principles. 492 1. Inherent Tribal Sovereignty. 492 2. Reserved Tribal Rights. 493 3. Trust Responsibility. 494 4. Plenary Power of Congress. 495 B. Vacillations in Federal Policy. 495 C. The Self-Determination Era. 497 D. Is a Human Rights; Search Snippet: ...era featured a variety of other programs designed to force Indians to become assimilated, including taking Indian children away from their families and educating them at distant boarding schools. See id. See generally Judith V. Royster, The Legacy... 1999
Robert B. Porter The Demise of the Ongwehoweh and the Rise of the Native Americans: Redressing the Genocidal Act of Forcing American Citizenship upon Indigenous Peoples 15 Harvard BlackLetter Law Journal 107 (Spring, 1999) Most usually, they are incorporated with the victorious nation, and become subjects or citizens of the government with which they are connected. The new and old members of the society mingle with each other; the distinction between them is gradually lost, and they make one people. Can we fulfill the promise of America by embracing all our citizens; Search Snippet: ...of the Indian Apocalypse: convert the Indians to Christianity, force Indian children to obtain Western education, allot tribal common lands to individual... 1999
Allison M. Dussias Waging War with Words: Native Americans' Continuing Struggle Against the Suppression of Their Languages 60 Ohio State Law Journal 901 (1999) This Article explores how U.S. law has adversely affected Native American languages, and how Native Americans have resisted explicit and implicit pressure aimed at eradicating their languages. Professor Dussias also examines parallels between arguments made by federal government policy makers to support the suppression of Native American languages; Search Snippet: the schools that it established and supported to educate Indian children. The children, however, were not always as willing to give... 1999
Nancy A. Costello Walking Together in a Good Way: Indian Peacemaker Courts in Michigan 76 University of Detroit Mercy Law Review 875 (Spring 1999) The sweet aroma of sage or sweetgrass burning in the hollow of an abalone shell opens the Peacemaker Court for the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan. As the peacemaker carries the smudge bowl around the room to dispel negative energy, he prays for wisdom to help the hostile parties resolve their dispute. Both parties,; Search Snippet: ...1800s following the migration of European settlers to America. [FN106] Indian children were sent to boarding schools and the Ottawa language was forbidden as European settlers... 1999
Robert B. Porter A Proposal to the Hanodaganyas to Decolonize Federal Indian Control Law 31 University of Michigan Journal of Law Reform 899 (Summer 1998) In this Article, cast in the form of a letter to President William Jefferson Clinton, Professor Porter argues for the decolonization of federal Indian control law. After detailing the religious and colonialist roots of early Supreme Court decisions dealing with the Indian nations and giving an overview of the evolution of federal Indian policy,; Search Snippet: ...authority to establish a wide variety of assimilating institutions within Indian reservation communities, such as Western judicial and law enforcement systems, boarding schools, and mission schools. [FN187] As Congress was asserting federal... 1998
Robert B. Porter Building a New Longhouse: the Case for Government Reform Within the Six Nations of the Haudenosaunee 46 Buffalo Law Review 805 (Fall, 1998) L1-2Introduction 806. I. What is the Current State of Haudenosaunee Governance?. 814 A. Acceptance of the Gayanashagowa and Establishment of the Confederacy. 814 B. Transformation and Americanization. 821 C. Dysfunction and the Modern Era. 844 II. What are the Reasons for Haudenosaunee Governmental Dysfunction?. 889 A. The Change in Haudenosaunee; Search Snippet: ...later, in 1855, for the establishment of the State's first boarding schoolthe Thomas Asylum for Orphan and Destitute Indian Children. [FN74] The State Board of Charities was established to care... 1998
Daniel E. Witte Getting a Grip on National Service: Key Organizational Features and Strategic Characteristics of the National Service Corps (Americorps) 1998 Brigham Young University Law Review 741 (1998) Of all the initiatives and programs that President Bill Clinton has supported during his Administration, the National Service Corps (sometimes referred to as AmeriCorp, but hereinafter also referred to as the Corps) is arguably the program that the President regards as the most important and personally fulfilling, as well as the most; Search Snippet: analysis concerning Native American parental rights issues and the Indian Child Welfare Act, 25 U.S.C. §§ 1901 1963 (1994) ; Paul D... 1998
Alan R. Velie Indian Identity in the Nineties 23 Oklahoma City University Law Review 189 (Spring-Summer 1998) In this Article, the author addresses how Indians in America identify themselves and how that identification differs from non-Indians' conceptions. For many Indians today, Indianness is a matter of history and of participating in traditional cultural activities, rather than merely being enrolled in a tribe or being a certain blood quantum; Search Snippet: ...ironic that when the U.S. government tried to stamp out Indian languages by shipping Indian children to boarding schools and forbidding them to speak them, the children defied... 1998
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