AuthorTitleCitationSummaryYearKey Term in Title or Summary
Barbara Ann Atwood Achieving Permanency for American Indian and Alaska Native Children: Lessons from Tribal Traditions 37 Capital University Law Review 239 (Winter 2008) One of the many challenges facing the American child welfare system is the need for practices that are responsive to the unique cultural needs of the children who are placed in foster care. The goal of achieving permanent, stable placements for children in the child welfare system is an over-arching objective, but permanency is a chameleon term; Search Snippet: ...laws with contrasting approaches to permanency have particular relevance: the Indian Child Welfare Act of 1978 [FN4] (ICWA) and the Adoption and... 2008  
Robert D. Cooter , Wolfgang Fikentscher American Indian Law Codes: Pragmatic Law and Tribal Identity 56 American Journal of Comparative Law 29 (Winter 2008) The United States has recognized the power of American Indian tribes to make laws at least since 1934. Most tribes, however, did not write down many of their laws until the 1960s. Written laws have subsequently accumulated in well-organized codes, but scholars have not previously researched them. Using written materials and interviews with tribal; Search Snippet: ...although tribal law must harmonize with federal legislation, including the Indian Child Welfare Act, [FN46] Headstart, and other education-oriented legislation. [FN47... 2008  
Natsu Taylor Saito At the Heart of the Law: Remedies for Massive Wrongs 27 Review of Litigation 281 (Winter 2008) I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300; Search Snippet: ...FN65] to outlaw spiritual and cultural practices; [FN66] to strip Indian children of the connections to their families, communities and traditions in... 2008  
Guadalupe T. Luna Cultural, Ethnic, and Religious Fragmentation 20 Saint Thomas Law Review 622 (Spring 2008) I. Introduction. 622 II. Knowledge Production: The Essays. 623 III. Summary. 639 IV. Conclusion. 641; Search Snippet: ...the author targets the presentation of the heinous treatment of Indian children at the Pennsylvania based Carlisle School. [FN129] Established in 1879... 2008  
Nell Clement Do "Reasonable Efforts" Require Cultural Competence? The Importance of Culturally Competent Reunification Services in the California Child Welfare System 5 Hastings Race and Poverty Law Journal 397 (Summer 2008) With the enactment of the Adoption and Safe Families Act of 1997 (ASFA), the American child welfare system prioritized permanence. The ASFA sets a rigid time frame for attempts at family reunification and non-compliance with this time frame can result in the termination of parental rights. The ASFA approach moves away from the presumption that; Search Snippet: ...cultural community's children. However, hindsight reveals the disastrous effects these boarding schools had on Native American children, parents, and communities. [FN157] As Van Praagh writes... 2008 Yes
Ronald M. Walters Goodbye to Good Bird: Considering the Use of Contact Agreements to Settle Contested Adoptions Arising under the Indian Child Welfare Act 6 University of Saint Thomas Law Journal 270 (Fall 2008) After two years of heated litigation, settling Christian Good Bird's contested adoption outside of the courtroom must have relieved his biological mother, tribe and adoptive parents, but the decision almost certainly generated feelings of uncertainty about what long-term effects the compromise would have on Christian as well. Indeed, Christian's; Search Snippet: ...OF CONTACT AGREEMENTS TO SETTLE CONTESTED ADOPTIONS ARISING UNDER THE INDIAN CHILD WELFARE ACT Ronald M. Walters [FN1] Copyright (c) 2009 University... 2008 Yes
C. Eric Davis In Defense of the Indian Child Welfare Act in Aggravated Circumstances 13 Michigan Journal of Race and Law 433 (Spring 2008) The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption; Search Snippet: ...Race and Law Spring 2008 Note IN DEFENSE OF THE INDIAN CHILD WELFARE ACT IN AGGRAVATED CIRCUMSTANCES C. Eric Davis [FNa1] Copyright... 2008 Yes
Matthew L.M. Fletcher Indian Tribal Businesses and the Off-reservation Market 12 Lewis & Clark Law Review 1047 (Winter 2008) American Indian tribes once operated regional trade centers, with broad geographical impact. With the arrival of European traders and settlers, this system began to erode, and later, the treaty and reservation system effectively eliminated the regional Indian economic market. Under the policies of measured separatism and assimilation, American; Search Snippet: ...ink on Indian treaties dried. [FN8] Various means of assimilating Indian people--allotment, boarding schools, law-and-order codes, urban relocation, termination, forced-fee... 2008  
Allison M. Dussias Indigenous Languages under Siege: the Native American Experience 3 Intercultural Human Rights Law Review Rev. 5 (2008) It's soul-satisfying to be able to read and speak your own language. -- Richard Littlebear, Northern Cheyenne [L]anguage is so important, because it is one thing that we can keep alive, that can never change. If we're able to keep our language going, we'll be able to pass on knowledge, from generation to generation. Without it, we're going to lose; Search Snippet: ...Native American children. The government ran its own schools for Native American children, including both on-reservation schools and off-reservation boarding schools. The government also provided funding for so-called contract... 2008  
Jon Reyhner Promoting Human Rights Through Indigenous Language Revitalization 3 Intercultural Human Rights Law Review 151 (2008) The National Geographic Society's Enduring Voices project notes that about every two weeks another language dies, taking millennia of human knowledge and history with it. Writing in The Wall Street Journal, John J. Miller declared that the increasing pace of language death is a trend that is arguably worth celebrating . . . [because] age-old; Search Snippet: ...bloodiest war where both the north and south spoke English. Indian schools were to be the instrument of obliterating Indian languages to end differences in the same way public schools... 2008  
Kristen A. Carpenter Real Property and Peoplehood 27 Stanford Environmental Law Journal 313 (June, 2008) This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unwilling to confront the uncomfortable truth that; Search Snippet: ...massacres of people engaged in religious dances, federal laws criminalizing Indian religious practices, federally funded programs assigning Christian missionaries to reservations, the removal of Indian children from their families to Christian boarding schools, and other programs tied closely to the federal project assimilating American Indians. [FN292] Congress officially repudiated the federal assimilation policy in 1934... 2008  
Daniel E. Witte, Paul T. Mero Removing Classrooms from the Battlefield: Liberty, Paternalism, and the Redemptive Promise of Educational Choice 2008 Brigham Young University Law Review 377 (2008) Utah's new school voucher law has meant many things to many people. For the thirty-seven percent of our Hispanic and African- American public-school students who do not graduate with a high-school diploma, Utah's voucher law represented a sense of hope and opportunity. For opponents of educational choice, the voucher law is un-American and a threat; Search Snippet: ...publicity campaigns and espouse policies based upon the premise that Indians could only become literate and civilized through removal of Indian children from their Indian parents and instruction in off-reservation boarding schools controlled by white federal government officials. [FN33] The objective was not simply (or perhaps even primarily) to educate Indian children, but to permanently control and transform indigenous societies in ways... 2008  
Lorie M. Graham Reparations, Self-determination, and the Seventh Generation 21 Harvard Human Rights Journal 47 (Winter 2008) In each deliberation, we must consider the impact of our decisions on the next seven generations. --Great Law of the Haudenosaunee [T]he grandmothers and grandfathers . . . thought about us as they lived, confirmed in their belief of a continuing life . . . . --Simon Ortiz, Poet and Writer Indigenous teachings on law and family help define our; Search Snippet: ...message as we reflect upon the thirtieth anniversary of the Indian Child Welfare Act of 1978 (ICWA) [FN3] and look to the... 2008  
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  
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  
James Thomas Tucker The Battle over "Bilingual Ballots" Shifts to the Courts: a Post-boerne Assessment of Section 203 of the Voting Rights Act 45 Harvard Journal on Legislation 507 (Summer 2008) Can Congress prohibit a state or local jurisdiction from conducting elections in English only and require that it provide bilingual ballots at the polls? Section 203 of the Voting Rights Act requires certain jurisdictions--those meeting specified demographic criteria--to provide language assistance to voters who have limited English language; Search Snippet: ...leave home, or refuse[d] to leave home to attend boarding school or the boarding home program, they [were] denied secondary school education, resulting in a highly disproportionate number of Alaska Natives . . . not . . . attending secondary schools. [FN340] In contrast, most non-native... 2008  
Annette R. Appell The Endurance of Biological Connection: Heteronormativity, Same-sex Parenting and the Lessons of Adoption 22 BYU Journal of Public Law 289 (2008) United States family law is largely based on the modern family in that the foundation of family law is the patriarchal, heterosexual nuclear family, and biology and marriage define family relationships and regulate rights, privileges, and benefits among family members and against the state. However, the lived relations that constitute postmodern; Search Snippet: ...belong, and what journey preceded the past few generations. [FN24] Native Americans too experienced forced disruptions in their history and cultural... 2008  
Barbara Atwood The Voice of the Indian Child: Strengthening the Indian Child Welfare Act Through Children's Participation 50 Arizona Law Review 127 (Spring 2008) This Article explores the potential benefits and challenges of giving more prominence to the voice of the Indian child in ICWA proceedings, a topic that has received scant attention from scholars and courts. The Act itself authorizes the appointment of counsel for children and provides that state courts may consider the child's wishes as to; Search Snippet: ...of the Arizona Law Review Article THE VOICE OF THE INDIAN CHILD: STRENGTHENING THE INDIAN CHILD WELFARE ACT THROUGH CHILDREN'S PARTICIPATION Barbara Atwood [FNa1] Copyright ©... 2008 Yes
Cruz Reynoso , William C. Kidder Tribal Membership and State Law Affirmative Action Bans: Can Membership in a Federally Recognized American Indian Tribe Be a plus Factor in Admissions at Public Universities in California and Washington? 27 Chicana/o-Latina/o Law Review 29 (2008) The group at the statistical bottom of all the scales thought to measure lack of opportunity is American Indians. A line of viable Supreme Court authority holds that equal protection of the law does not require strict scrutiny of laws singling out Indians for advantage or disadvantage, when Indians is understood to mean members of federally; Search Snippet: ...the appeal court applied strict scrutiny in holding that the Indian Child Welfare Act--which directs that when a child of a... 2008  
James Thomas Tucker , Rodolfo Espino , Tara Brite, Shannon Conley, Ben Horowitz, Zak Walter, Shon Zelman Voting Rights in Arizona: 1982-2006 17 Southern California Review of Law & Social Justice 283 (Spring 2008) Before the passage of the Voting Rights Act of 1965 (VRA), Arizonans of Hispanic, American Indian, African-American and Asian heritage were the victims of discrimination in virtually every area of their social and political lives. The town of Winslow adopted a policy segregating public swimming pools that allowed only Anglos to use the pool on days; Search Snippet: ...English-only requirements. [FN319] That would be true if American Indian children were being taught in tribal schools; however, 80% of tribal children are in public and charter schools. [FN320] American Indians remember well the era from the 1800s to the 1960s when American Indian children were placed in government-run boarding schools and punished for speaking their native language. [FN321] Proposition 203 revitalizes that much- 2008  
Richard Delgado Watching the Opera in Silence: Disgust, Autonomy, and the Search for Universal Human Rights 70 University of Pittsburgh Law Review 277 (Winter 2008) Inventing Human Rights: A History. By Lynn Hunt. New York, London: W.W. Norton & Company. 2007. Pp. 214+appendix. $14.95. Are human rights expanding over time? Christopher Stone, Peter Singer, and many others hold that they are and that this is a good thing. In a famous article and book, Stone points out that in early times, human beings recognized; Search Snippet: ...and raised in captivity. In reality, very few cases of Indian kidnapping ever occurred; many more Indian children were forcibly removed from their families and sent to Indian boarding schools, where Anglo authorities cut off their long hair, punished them for speaking Indian languages, and taught them to hate their culture and dress... 2008  
Angela R. Riley (Tribal) Sovereignty and Illiberalism 95 California Law Review 799 (June, 2007) Liberalism struggles with an ancient paradox. That is, it must navigate the sometimes treacherous course between individual autonomy and pluralism's accommodation. In this Article, I argue that this philosophical tension has manifested in very concrete intrusions on American Indians' tribal sovereignty. On the one hand, tribal sovereignty guards; Search Snippet: ...on behalf of Indian tribes as well. For example, the Indian Child Welfare Act of 1978 [FN190] gave tribal communities control over the adoption of Indian children, [FN191] and the Native American Graves Protection and Repatriation Act... 2007  
Robert Odawi Porter American Indians and the New Termination Era 16 Cornell Journal of Law & Public Policy 473 (Summer 2007) INTRODUCTION. 473 I. THE TRENDS. 477 II. THE OPPORTUNITIES. 484 III. ARE WE BEING SET UP?. 487 CONCLUSION. 492; Search Snippet: ...NIGC%20Uploads/Tribal%20Data/tribalgamingrevenues05.pdf. . See Russell Thornton, American Indian Holocaust and Survival (1987); David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience, 1875-1928 (1995). . See Joy A. Bilharz... 2007  
Christine Basic (Fall 2003) An Overview of the Indian Child Welfare Act of 1978 16 Journal of Contemporary Legal Issues 345 (2007) Here I walk the road of beauty with my little one as we wear beautiful, beaded moccasins. Let the sunrays be on us, among the carpeted colors of flowers. My child and I will be recognized by our little tiny friends--animals, birds, and butterflies. My child and I will touch the clear water of coolness in the stream as we live. Ha ho ya tahey. My; Search Snippet: ...Part Four: Termination of Parental Rights AN OVERVIEW OF THE INDIAN CHILD WELFARE ACT OF 1978 Christine Basic (Fall 2003) Copyright ©... 2007 Yes
Annette R. Appell Bad Mothers and Spanish-speaking Caregivers 7 Nevada Law Journal 759 (Summer 2007) Children are an essential but often overlooked bounty in the regulation of race, culture, and rights. The role of children in perpetuating and enriching culture, moral value, and political power is surprisingly under-theorized in the critical literature. Indeed, there is very little discussion about child welfare in civil rights and critical race; Search Snippet: ...Native Americans Beginning in colonial times, missionaries undertook to educate Indian children into Anglo, Christian ways. [FN7] By the early 1800s, the... 2007  
Patrice H. Kunesh Borders Beyond Borders -- Protecting Essential Tribal Relations off Reservation under the Indian Child Welfare Act 42 New England Law Review 15 (Fall 2007) Abstract: The year 2008 marks the thirtieth anniversary of the enactment of the Indian Child Welfare Act (ICWA), one of the most dynamic pieces of legislation in the field of federal Indian affairs, which irrevocably changed the traditional jurisdictional prerogatives of states in child custody matters. ICWA's jurisdictional scheme vests exclusive; Search Snippet: ...BEYOND BORDERS -- PROTECTING ESSENTIAL TRIBAL RELATIONS OFF RESERVATION UNDER THE INDIAN CHILD WELFARE ACT Patrice H. Kunesh [FNa1] Copyright (c) 2007 New... 2007 Yes
Jennifer S. Hendricks Essentially a Mother 13 William and Mary Journal of Women and the Law 429 (Winter, 2007) This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental; Search Snippet: ...children to survive and reproduce itself. The prospect of Spartan boarding schools in this country may seem an idle threat, but... 2007  
Paul Kuruk Goading a Reluctant Dinosaur: Mutual Recognition Agreements as a Policy Response to the Misappropriation of Foreign Traditional Knowledge in the United States 34 Pepperdine Law Review 629 (2007) I. Introduction II. Part One: Protection of Native American Cultural Heritage A. Government Policy Towards Native Americans B. Legislative Initiatives on Cultural Heritage C. Tribal Courts' Control of Indigenous Heritage III. Part Two: Constitutional Issues in the Quest for Better Protection of Native American Cultural Heritage A. Traditional; Search Snippet: ...denominations with control over education on specific reservations; conversion of Indian children to Christianity was seen as a first step to assimilation ... Toward the end of the nineteenth century, Indian boarding schools were preferred. Youngsters would be taken by force, if... 2007  
Katherine S. Vogel In re Phoenix L., 270 Neb. 870, 708 N.w.2d 786 (2006): an Analysis of Parental Rights and the Nebraska Indian Child Welfare Act 86 Nebraska Law Review 459 (2007) I. Introduction. 459 II. Background. 461 A. The Indian Child Welfare Act. 461 B. The Nebraska Indian Child Welfare Act. 463 C. The Collectivist Goals of the NICWA. 464 D. Parental Rights and Non-Indian Children: In re Phoenix. 465 III. Analysis. 470 A. Parental Rights under the ICWA. 471 B. Does the NICWA violate fundamental rights of Indian; Search Snippet: ...786 (2006): AN ANALYSIS OF PARENTAL RIGHTS AND THE NEBRASKA INDIAN CHILD WELFARE ACT Katherine S. Vogel Copyright (c) 2007 University of... 2007 Yes
Carla D. Pratt Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty Through Sexual Assimilation 2007 Wisconsin Law Review 409 (2007) I. Introduction. 410 II. Tribal Miscegenation Laws. 414 A. The Genesis of Tribal Laws Regulating Loving. 414 B. The Context of Indian Miscegenation Law. 417 1. Geographical Containment Creates Vulnerability. 417 2. State Sovereignty Versus Tribal Sovereignty. 418 3. Science and Education Influence Tribal Policy. 421 4. The Tribes Seek the; Search Snippet: ...to 1918. [FN64] The Carlisle Indian School educated thousands of Indian children, including over five hundred from the Five Tribes. [FN65] The... 2007  
Andrew Gilden Preserving the Seeds of Gender Fluidity: Tribal Courts and the Berdache Tradition 13 Michigan Journal of Gender & Law 237 (2007) Summary 237 I. Introduction 238 II. The Berdache Tradition 240 A. Native American and Euro-American Gender Systems Compared 240 B. Cultural Components of Berdachism 243 1. Child Autonomy 243 2. Gender Equality 244 3. Tribal Collectivism 245 III. The Erosion of Traditional Gender Construction 246 A. Early European Encounters 246; Search Snippet: ...suppression and subsequent transformation was the development of American-style boarding schools in which Native American children were required to enroll. These schools subjected the... 2007  
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  
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: ...at federal government policies toward Indian families. [FN13] In The Indian Boarding School Era and Its Continuing Impact on Tribal Families and... 2007  
Regis Pecos The History of Cochiti Lake from the Pueblo Perspective 47 Natural Resources Journal 639 (Summer, 2007) In the last 30 years, Cochiti Pueblo has been in a fight for their survival culturally, politically, legally, economically, and environmentally. The construction of Cochiti Lake, one of the largest man made lakes in the United States, built by the U.S. Corps of Engineers, devastated nearly all of the available agricultural lands, destroyed the; Search Snippet: ...backdrop. The federal policy in the 1890s was to create boarding schools to educate the Indian children in this country in an attempt to assimilate them into... 2007  
Ann Murray Haag The Indian Boarding School Era and its Continuing Impact on Tribal Families and the Provision of Government Services 43 Tulsa Law Review 149 (Fall 2007) In those days the Indian schools were like jails and run along military lines, with roll calls four times a day. We had to stand at attention, or march in step. The B.I.A. thought that the best way to teach us was to stop us from being Indians. ... The Government teachers were all third-grade teachers. They taught up to this grade and that was the; Search Snippet: ...Statehood: A Symposium in Recognition of Oklahoma's Centennial Comment THE INDIAN BOARDING SCHOOL ERA AND ITS CONTINUING IMPACT ON TRIBAL FAMILIES AND... 2007 Yes
Paul Kuruk The Role of Customary Law under Sui Generis Frameworks of Intellectual Property Rights in Traditional and Indigenous Knowledge 17 Indiana International & Comparative Law Review 67 (2007) Bowing to pressure from developing countries, indigenous groups, and civil society, a number of international organizations have embarked in recent years on measures to enhance the protection of indigenous and traditional knowledge. The United Nations Educational, Scientific and Cultural Organization (UNESCO), for example, responded in 2003 to a; Search Snippet: ...denominations with control over education on specific reservations; conversion of Indian children to Christianity was seen as a first step to assimilation. Toward the end of the nineteenth century, Indian boarding schools were preferred. Youngsters would be taken by force, if... 2007  
Philip C. Aka The Supreme Court and the Challenge of Protecting Minority Religions in the United States: Review of Garrett Epps, to an Unknown God: Religious Freedom on Trial 9 Scholar: St. Mary's Law Review on Minority Issues 343 (Spring 2007) I. Introduction. 344 II. The Smith Case. 352 A. Facts, Holding, and Opposition Within the Court to Smith. 352 B. Post-Mortem Analysis. 361 III. Four Aftermaths of Smith. 364 A. The Religious Freedom Restoration Act (RFRA) and City of Boerne v. Flores. 364 B. The American Indian Religious Freedom Act (AIRFA) of 1994. 372 C. The 1991 Amendments to; Search Snippet: ...into a largely intact culture, Smith was, like generations of Indian boys and girls, torn away from his home and sent to boarding school to be assimilated into the American melting-pot. The... 2007  
Daniel Albanil Adlong The Terminator Terminates Terminators: Governor Schwarzenegger's Signature, Sb 678, and How California Attempts to Abolish the Existing Indian Family Exception and Why Other States Should Follow 7 Appalachian Journal of Law 109 (Winter 2007) I can remember (the welfare worker) coming and taking some of my cousins and friends. I didn't know why and I didn't question it. It was just done and it had always been done. This episode was one of many that Congress said was [t]he wholesale separation of Indian children from their families and described it as perhaps the most tragic and; Search Snippet: ...of many that Congress said was [t]he wholesale separation of Indian children from their families and described it as perhaps the most... 2007  
Laughlin McDonald , Janine Pease , Richard Guest Voting Rights in South Dakota: 1982-2006 17 Southern California Review of Law & Social Justice 195 (Fall 2007) The problems Indians continue to experience in South Dakota in securing an equal right to vote strongly supported the extension of the special provisions of the Voting Rights Act that were scheduled to expire in 2007. They also demonstrated the ultimate wisdom of Congress in making permanent and nationwide the basic guarantee of equal political; Search Snippet: ...she went to high school in Todd County. [FN239] The Indian students lived in a segregated dorm at the Rosebud boarding school. [FN240] They were bussed to the high school, then... 2007  
Andrea A. Curcio Civil Claims for Uncivilized Acts: Filing Suit Against the Government for American Indian Boarding School Abuses 4 Hastings Race and Poverty Law Journal 45 (Fall 2006) We were never going to be like the white man, no matter how hard we tried, but they forced us to try to be like the white man. . . . They stripped us of our language. They stripped us of our religious beliefs. They stripped us of our family life, our family values. They stripped us from our culture. Imagine a government that forced you to send; Search Snippet: ...FOR UNCIVILIZED ACTS: FILING SUIT AGAINST THE GOVERNMENT FOR AMERICAN INDIAN BOARDING SCHOOL ABUSES Andrea A. Curcio [FNa1] Copyright (c) 2006 University... 2006 Yes
Kevin K. Washburn Federal Criminal Law and Tribal Self-determination 84 North Carolina Law Review 779 (March, 2006) Under the rubric of tribal self-determination, federal policymakers have shifted federal governmental power and control to tribal governments in nearly all areas of Indian policy. Normatively, this shift reflects an enlightened view about the role of Indian tribes in Indian policy. As a practical matter, it has also improved services to Indians; Search Snippet: ...of Justice's own study in the mid-1990s showed that Indian children under twelve are raped or sexually assaulted at a rate... 2006  
Matthew L.M. Fletcher Looking to the East: the Stories of Modern Indian People and the Development of Tribal Law 5 Seattle Journal for Social Justice Just. 1 (Fall/Winter, 2006) For my Gram and old stories, and the Peach and new stories. For many Indian people the east represents a new beginning. Each day the sun rises and Indian people begin new lives, with new stories and new experiences. East is the direction of young people, of newborns, and creativity. East is the direction of starting over with new and powerful; Search Snippet: ...territory, such as certain landmarks. [FN28] The reservation system, the boarding schools and missionaries, and the dispossession of Indian lands guaranteed the loss of most of these stories. [FN29... 2006  
Marian E. Saksena Out-of-home Placements for Abused, Neglected, and Dependent Children in Minnesota: a Historical Perspective 32 William Mitchell Law Review 1007 (2006) I. Introduction. 1007 II. Social Background. 1009 III. Orphanages. 1011 A. Private, Non-Sectarian Orphanages: Washburn Memorial Orphan Asylum. 1014 B. Private, Non-Sectarian, Culturally Specific Orphanages: Crispus Attucks Colored Orphanage and Old Folks Home. 1017 C. Public Orphanages: Minnesota State Public School for Dependent and Neglected; Search Snippet: ...Private Religious Orphanages: St. Josesph's Home for Children 1029 IV. Indian Boarding Schools 1033 V. Orphan Trains 1040 VI. Paid Foster Homes... 2006  
Cheyañna L. Jaffke The "Existing Indian Family" Exception to the Indian Child Welfare Act: the States' Attempt to Slaughter Tribal Interests in Indian Children 66 Louisiana Law Review 733 (Spring, 2006) Pretend for a moment that War of the Worlds is not science fiction, but rather reality. Instead of the Martians dying, they actually live and govern humans. At first, the policy of the Martian government toward humans is assimilation. They want all humans to think and act like Martians. Therefore, they passed rules and regulations to further that; Search Snippet: ...Spring, 2006 Article THE EXISTING INDIAN FAMILY EXCEPTION TO THE INDIAN CHILD WELFARE ACT: THE STATES' ATTEMPT TO SLAUGHTER TRIBAL INTERESTS IN INDIAN CHILDREN Cheyañna L. Jaffke [FNa1] Copyright © 2006 by Louisiana Law Review... 2006 Yes
Jason C. Nelson The Application of the International Law of State Succession to the United States: a Reassessment of the Treaty Between the Republic of Texas and the Cherokee Indians 17 Duke Journal of Comparative & International Law L. 1 (Fall 2006) Perhaps no event in the modern era has been more profoundly consequential than the European discovery of the Americas. . . . Over a succession of generations, Europeans devised rules intended to justify the dispossession and subjugation of the native peoples . . . . Of these rules, the most fundamental were those governing the ownership of land; Search Snippet: ...peoples for years of neglect, including the widespread abuse of Indian children in the country's federally-funded boarding schools. [FN280] In Latin America--another region characterized by large... 2006  
Brad M. Gallagher The Disappearance of the Great American Indian Athlete 24-FALL Entertainment and Sports Lawyer Law. 1 (Fall, 2006) What do ice hockey, the overhand swimming stroke and basketball all have in common? Each has their roots in the American Indian culture. American Indians invented the roots of ten Olympic sports and many non-Olympic sports, such as lacrosse. According to Oren Lyons, Chief of Onondaga Nation to the Iroquois Confederacy, while the rest of the; Search Snippet: ...United States used sports as a means of assimilating American Indian children into mainstream culture. [FN3] To accomplish this, the United States... 2006  
Sarah Krakoff The Virtues and Vices of Sovereignty 38 Connecticut Law Review 797 (May, 2006) As the title to this symposium suggests, American Indian law is indeed at a crossroads. The paths of American Indian tribal sovereignty are diverging in the following way. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court's path is; Search Snippet: ...day. [FN51] Another priority during this period was to remove Indian children from their homes and educate them in predominately Christian boarding schools, where Native language and culture was prohibited. [FN52] Other policies discouraging the practice of Native religions even on reservations complemented the boarding school goals. [FN53] On their own terms, the Allotment policies... 2006  
Sarah Martinez Turning Back the Clock: the Loss of Tribal Jurisdiction over Involuntary Juvenile Dependency Proceedings 10 U.C. Davis Journal of Juvenile Law & Policy 541 (Summer, 2006) There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children. This language from the Indian Child Welfare Act of 1978 (ICWA) captures the U.S. Congress' intent in preventing the mass removal of Indian children from their reservations, families and culture. Native American activism for; Search Snippet: ...Indian tribes than their children. [FN1] This language from the Indian Child Welfare Act of 1978 (ICWA) captures the U.S. Congress' intent in preventing the mass removal of Indian children from their reservations, families and culture. Native American activism for... 2006  
Hope M. Babcock A Civic-republican Vision of "Domestic Dependent Nations" in the Twenty-first Century: Tribal Sovereignty Re-envisioned, Reinvigorated, and Re-empowered 2005 Utah Law Review 443 (2005) I. Introduction. 444 II. Sovereignty. 448 III. Tribal Sovereignty. 455 A. Sources of Tribal Sovereignty. 457 1. Treaties. 457 2. Inherent Sovereignty. 469 B. The Shifting Tectonic Plates of Tribal Sovereignty. 485 1. The Importance of Tribal Land. 486 2. Debilitating Judicial Doctrines. 497 3. Tribal Sovereignty Today: A Glass Half Full or Half; Search Snippet: ...many cases ignored Indian political forms. [FN222] The use of Indian language was actively discouraged, and Indian youth were shipped off to boarding schools to learn Western traditions. [FN223] Indians were encouraged to... 2005  
Kristen A. Carpenter A Property Rights Approach to Sacred Sites Cases: Asserting a Place for Indians as Nonowners 52 UCLA Law Review 1061 (April, 2005) Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also; Search Snippet: ...See Dussias, supra note 10, at 776-805 (discussing federal Indian Christianization efforts including the assignment of missionaries to Indian reservations, outlawing of Indian ceremonial dances, the removal of Indian children to boarding schools where they were instructed in Christianity, and other measures... 2005  
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