| Author | Title | Citation | Summary | Year | Key Term |
| Anna Arons |
THE EMPTY PROMISE OF THE FOURTH AMENDMENT IN THE FAMILY REGULATION SYSTEM |
100 Washington University Law Review 1057 (2023) |
Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family regulation system. Through these searches--required elements of investigations into allegations of child maltreatment in virtually every jurisdiction--state agents invade the home, the most protected space in... |
2023 |
|
| 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 |
|
| Charmel L. Cross |
The Existing Indian Family Exception: Is it Appropriate to Use a Judicially Created Exception to Render the Indian Child Welfare Act of 1978 Inapplicable? |
26 Capital University Law Review 847 (1997) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) in response to the unusual frequency with which Native American children were being separated from their families and tribes through adoption and foster care placement. Congress was concerned about the consequences of such a disproportionate removal rate, and the ICWA was recognition; Search Snippet: ...APPROPRIATE TO USE A JUDICIALLY CREATED EXCEPTION TO RENDER THE INDIAN CHILD WELFARE ACT OF 1978 INAPPLICABLE? Charmel L. Cross Copyright ©... |
1997 |
Child Welfare |
| Timothy Sandefur |
THE FEDERALISM PROBLEMS WITH THE INDIAN CHILD WELFARE ACT |
26 Texas Review of Law and Politics 429 (Spring, 2022) |
Author's Note. 430 Introduction. 430 I. What ICWA Does. 431 II. ICWA Exceeds the Commerce Clause. 435 A. The One and Only Commerce Clause. 435 B. The Non-textual Plenary Power. 437 C. Even Under the Treaty Power, ICWA Would Be Unconstitutional. 448 III. ICWA Violates the Anti-commandeering Principle. 453 A. The Anti-commandeering Principle. 453... |
2022 |
Child Welfare |
| Wenona T. Singel |
The First Federalists |
62 Drake Law Review 775 (Spring 2014) |
One aspect of federalism's values that scholars and the courts have largely ignored is their relevance to tribal governance. As sovereigns within the United States that govern with a measure of de jure autonomy, Indian tribes are important agents of self-rule within the United States' federal system. The tribal exercise of sovereignty, while not; Search Snippet: ...of child guardianship proceedings, and murder. [FN157] The dispossession of Indian lands also occurred simultaneously with the wholesale removal of Indian children from their families; during the latter quarter of the 19th century, federal appropriations for Indian boarding schools grew dramatically year after year, [FN158] as Captain Richard Pratt implemented a program to kill the Indian . . . to save the man. [FN159] The legal incorporation of |
2014 |
|
| Nasrin Camilla Akbari |
THE GLADUE APPROACH: ADDRESSING INDIGENOUS OVERINCARCERATION THROUGH SENTENCING REFORM |
98 New York University Law Review 198 (April, 2023) |
In the American criminal justice system, individuals from marginalized communities routinely face longer terms and greater rates of incarceration compared to their nonmarginalized counterparts. Because the literature on mass incarceration and sentencing disparities has largely focused on the experiences of Black and Hispanic individuals, far less... |
2023 |
|
| Amelia Tidwell |
THE HEART OF THE MATTER: ICWA AND THE FUTURE OF NATIVE AMERICAN CHILD WELFARE |
43 Journal of the National Association of Administrative Law Judiciary 126 (Spring, 2023) |
The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still... |
2023 |
Child Welfare |
| 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 |
|
| Geoffrey D. Strommer, Stephen D. Osborne |
The History, Status, and Future of Tribal Self-governance under the Indian Self-determination and Education Assistance Act |
39 American Indian Law Review Rev. 1 (2014-2015) |
This year marks the 40th anniversary of the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), a cornerstone of modern federal Indian policy. In 1988, amendments to the ISDEAA created the Tribal Self-Governance Demonstration Project. By providing a statutory basis for the broader movement of tribal self-governance, this; Search Snippet: ...schools, but by the late nineteenth century the focus of Indian education had shifted to federal boarding schools so that students could be more completely removed from... |
2015 |
|
| Anita Ortiz Maddali |
The Immigrant "Other": Racialized Identity and the Devaluation of Immigrant Family Relations |
89 Indiana Law Journal 643 (Spring, 2014) |
This Article explores how current terminations of undocumented immigrants' parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the; Search Snippet: ...sprang. [FN49] Similarly, in the 1800s-at a time when Native Americans were still denied American citizenship-Christian missionaries, and later the federal government, forcibly removed Native American children from their homes and placed them in boarding schools. [FN50] [T]he aim was the assimilation of Indian children into Anglo-American society. [FN51] According to Tsianina Lomawaima, a professor specializing in American Indian Studies, |
2014 |
|
| Martin Guggenheim |
The Importance of Family Defense |
48 Family Law Quarterly 597 (Winter, 2015) |
Over the past decade, there has been a growing national movement to advance the rights of parents and families in child welfare proceedings. Spearheaded by the National Parent Representation Steering Committee at the American Bar Association's Center on Children and the Law, the movement's purpose is to achieve procedural and social justice for all; Search Snippet: ...blight on American history is the practice of separating American Indian children from their families. Beginning near the end of the nineteenth century, the Bureau of Indian Affairs began using American Indian boarding schools in a planned effort to eradicate Indian culture. [FN7] The goal was to extirpate Indian custom and culture from Indian children by denying them the opportunity to speak in their native... |
2015 |
|
| 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 |
Boarding School |
| John Robert Renner |
The Indian Child Welfare Act and Equal Protection Limitations on the Federal Power over Indian Affairs |
17 American Indian Law Review 129 (1992) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to congressional committee findings that state courts were removing an unwarranted proportion of Indian children from their families and placing the children in non-Indian environments. The ICWA attempts to remedy the problem by creating exclusive tribal jurisdiction over all; Search Snippet: ...INDIAN LAW REVIEW American Indian Law Review 1992 Comments THE INDIAN CHILD WELFARE ACT AND EQUAL PROTECTION LIMITATIONS ON THE FEDERAL POWER... |
1992 |
Child Welfare |
| Neoshia R. Roemer |
THE INDIAN CHILD WELFARE ACT AS REPRODUCTIVE JUSTICE |
103 Boston University Law Review 55 (February, 2023) |
Federal Indian policy is rooted in family regulation. Here, family regulation is twofold, comprising: (1) the idea that American Indian families should be curated to be more like their non-Indian counterparts; and (2) the child welfare system, as Dorothy Roberts notes. Overall, family regulation was part of an Indian assimilation project. Since the... |
2023 |
Child Welfare |
| Catherine M. Brooks |
The Indian Child Welfare Act in Nebraska: Fifteen Years, a Foundation for the Future |
27 Creighton Law Review 661 (1993-1994) |
This is not a cheerful book, but history has a way of intruding upon the present, and perhaps those who read it will have a clearer understanding of what the American Indian is, by knowing what he was. They may be surprised to hear words of gentle reasonableness coming from the mouths of Indians stereotyped in the American myth as ruthless savages; Search Snippet: ...532435 CREIGHTON LAW REVIEW Creighton Law Review 1993-1994 THE INDIAN CHILD WELFARE ACT IN NEBRASKA: FIFTEEN YEARS, A FOUNDATION FOR THE... |
1994 |
Child Welfare |
| M. Alexander Pearl |
THE INDIAN CHILD WELFARE ACT IN THE MULTIVERSE |
121 Michigan Law Review 1101 (April, 2023) |
Adoptive Couple v. Baby Girl. By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. As a kid, I... |
2023 |
Child Welfare |
| 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 |
Child Welfare |
| Debra Dumontier-Pierre |
The Indian Child Welfare Act of 1978: a Montana Analysis |
56 Montana Law Review 505 (Summer 1995) |
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian families and to give Indian tribes a substantial role in matters concerning custody of Indian children. Through ICWA, Congress declared a national policy to keep Indian children with their families, to defer to tribal jurisdiction in child; Search Snippet: ...591898 MONTANA LAW REVIEW Montana Law Review Summer 1995 THE INDIAN CHILD WELFARE ACT OF 1978: A MONTANA ANALYSIS Debra Dumontier-Pierre Copyright (c) 1995 Montana Law Review; Debra Dumontier-Pierre Indian Children Once Young Forever Indian [FN1] I. INTRODUCTION In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian... |
1995 |
Child Welfare |
| Christine D. Bakeis |
The Indian Child Welfare Act of 1978: Violating Personal Rights for the Sake of the Tribe |
10 Notre Dame Journal of Law, Ethics & Public Policy 543 (1996) |
To live under the American Constitution is the greatest political privilege that was ever accorded to the human race. One of the promises of the American Constitution is that states will not enforce any law that abridges a citizen's privileges. The American Constitution also guarantees that states will not deprive any person of life, liberty, or; Search Snippet: ...Public Policy 1996 Symposium on Law and the Family THE INDIAN CHILD WELFARE ACT OF 1978: VIOLATING PERSONAL RIGHTS FOR THE SAKE... |
1996 |
Child Welfare |
| Vivien Olsen |
THE INDIAN CHILD WELFARE ACT: HISTORY, REFLECTIONS, AND BEST PRACTICES |
90-OCT Journal of the Kansas Bar Association 40 (September/October, 2021) |
The Indian Child Welfare Act (ICWA or the Act), found at 25 U.S.C. § 1901 et seq., is not discretionary. Kansas law requires the ICWA be applied in child welfare cases that involve an Indian child. K.S.A. 38-2203(a) provides: Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those... |
2021 |
Child Welfare |
| B. J. Jones |
The Indian Child Welfare Act: in Search of a Federal Forum to Vindicate the Rights of Indian Tribes and Children Against the Vagaries of State Courts |
73 North Dakota Law Review 395 (1997) |
The Indian Child Welfare Act (ICWA) was enacted by Congress in 1978 to curtail the massive removal (primarily by state agencies and courts) of Indian children from their homes. ICWA was also an attempt to assure that those children, who must be removed, be placed in homes that reflect their unique cultures and traditions. ICWA strives to accomplish; Search Snippet: ...NORTH DAKOTA LAW REVIEW North Dakota Law Review 1997 THE INDIAN CHILD WELFARE ACT: IN SEARCH OF A FEDERAL FORUM TO VINDICATE... |
1997 |
Child Welfare |
| Alana J. DeGarmo |
The Indian Child Welfare Act: its Impact on Unknowing Adoptive Parents |
17 Journal of Juvenile Law 32 (1996) |
The Indian Child Welfare Act (hereinafter ICWA or Act) was enacted in 1978, giving members of Native American tribes the right to adopt their members' children before those children can be placed in non-Indian homes. The law was passed in response to a long history of religious groups and well-meaning agencies separating Indian children from; Search Snippet: ...LAW Journal of Juvenile Law 1996 Note and Comment THE INDIAN CHILD WELFARE ACT: ITS IMPACT ON UNKNOWING ADOPTIVE PARENTS Alana J... |
1996 |
Child Welfare |
| Amanda Tucker |
The Indian Child Welfare Act's Unconstitutional Impact on the Welfare of the Indian Child |
9 Whittier Journal of Child and Family Advocacy 87 (Fall 2009) |
Child welfare is a controversial, yet unresolved issue in our country with overcrowded adoption agencies and foster homes, overworked social workers, and understaffed Department of Family and Protective Services (DFPS) lawyers. Unfortunately, there is no shortage of cases surrounding the termination of parental rights related to abuse and neglect; Search Snippet: ...Journal of Child and Family Advocacy Fall 2009 Articles THE INDIAN CHILD WELFARE ACT'S UNCONSTITUTIONAL IMPACT ON THE WELFARE OF THE INDIAN CHILD Amanda Tucker [FNa1] Copyright (c) 2009 Whittier Journal of Child... |
2009 |
Child Welfare |
| Kathleena Kruck |
The Indian Child Welfare Act's Waning Power after Adoptive Couple V. Baby Girl |
109 Northwestern University Law Review 445 (Winter 2015) |
Abstract--In the 1970s, state authorities began removing Indian children from their homes by the thousands and placing them into foster care, institutional housing, and with white families. To counteract this forced assimilation, Congress passed the Indian Child Welfare Act (ICWA) in 1978. The ICWA conferred many powers previously held by the; Search Snippet: ...Northwestern University Law Review Winter 2015 Notes and Comments THE INDIAN CHILD WELFARE ACT'S WANING POWER AFTER ADOPTIVE COUPLE V. BABY GIRL... |
2015 |
Child Welfare |
| Patrice Kunesh-Hartman |
The Indian Welfare Act of 1978: Protecting Essential Tribal Interests |
60 University of Colorado Law Review 131 (1989) |
The young Indian girl spoke quietly: 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 rending scene has been repeated with bureaucratic regularity in the lives of thousands of Indian children who, without; Search Snippet: ...repeated with bureaucratic regularity in the lives of thousands of Indian children who, without warning or preparation, are separated from their parents... |
1989 |
|
| |
The Indian: the Forgotten American |
81 Harvard Law Review 1818 (June, 1968) |
The attitude of America toward the Indian has long been characterized by the dichotomy between a sentimental attraction to the noble savage, often increasing with distance from the centers of Indian population, and a startling ignorance of and indifference to the actual circumstances of his life. The Negro revolution, focusing attention not only; Search Snippet: ...still voice anti-competitive views; [FN189] school officials note the Indian child's unwillingness to stand out by volunteering in class. [FN190] The... |
1968 |
|
| Robert J. Miller |
The International Law of Colonialism: a Comparative Analysis |
15 Lewis & Clark Law Review 847 (Winter, 2011) |
The majority of the non-European world was colonized under an international law that is known as the Doctrine of Discovery. Under this legal principle, European countries claimed superior rights over Indigenous nations. When European explorers planted flags and religious symbols in the lands of native peoples, they were making legal claims of; Search Snippet: ...over the operation of many reservations and the education of Indian children to Christian denominations, and even granted tribal lands to churches... |
2011 |
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| Chief Ben Barnes |
THE INTERSECTION OF LANGUAGE, LAW, AND SOVEREIGNTY: A SHAWNEE PERSPECTIVE |
34 Colorado Environmental Law Journal 17 (Spring, 2023) |
NOTE: what follows is a lightly-edited transcript of the keynote address held as part of the 54 Algonquian Conference, University of Colorado Boulder, October 21, 2022. Kristen Carpenter: Greetings from the American Indian Law Program here at the University of Colorado. I am pleased to have this opportunity to co-chair this conference with my... |
2023 |
|
| Adam Crepelle |
THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY |
110 Georgetown Law Journal 569 (March, 2022) |
C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 |
2022 |
|
| Matthew L.M. Fletcher |
The Law of Genocide and Indigenous Peoples |
77 National Lawyers Guild Review 38 (Spring, 2020) |
Book Review: Laurelyn Whitt and Alan W. Clarke, North American Genocides: Indigenous Nations, Settler Colonialism, and International Law (Cambridge U. Press, 2019). In the mid-20th century, state governments--enabled by the United States federal government--removed 25 to 35 percent of American Indian children from their families and placed them; Search Snippet: ...families. Roughly 80 percent of the time, this meant placing Indian children with complete strangers. The removals of Indian children were a continuation of forced removals of children by the... |
2020 |
|
| Matthew L.M. Fletcher |
The Legal Fiction of the Lake Matchimanitou Indian School |
13 American University Journal of Gender, Social Policy and the Law 597 (2005) |
Historians, political scientists, sociologists and lawyers, in their respective academic languages, have documented the history of the conquest of the indigenous peoples of the Western Hemisphere, especially those of North America. The histories end with the final dispossession of lands from Indians and their tribes. Despite more than five; Search Snippet: ...Sales, had spoken up in their sociology class about the Indian boarding school [FN25] in Mount Pleasant, Michigan, which had housed his... |
2005 |
|
| John E. Silverman |
The Miner's Canary: Tribal Control of American Indian Education and the First Amendment |
19 Fordham Urban Law Journal 1019 (Summer, 1992) |
Since the arrival of Columbus 500 years ago, Native Americans have endured massacres and intolerance, racism and rapacity, altruism and benign neglect. Federal policy originally favored the repression of Indian religious practices because religion was an indivisible part of the native cultures that the American government sought to stamp out; Search Snippet: ...Native Americans. Part III examines the paramount tribal interest in Indian children and the attendant First Amendment issues which lie at the... |
1992 |
|
| 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 |
|
| Katherine Farrell Ginsbach |
THE OGLALA LAKOTA AND THE RIGHT TO HEALTH: THE FORGOTTEN AMERICANS |
24 Quinnipiac Health Law Journal 237 (2021) |
C1-3Table of Contents I. Introduction. 239 II. Background. 241 A. Oglala Lakota Demographics. 241 III. Historical Significance. 244 A. Fort Laramie Treaty of 1868. 245 B. The Black Hills and Dawes Act. 247 C. Snyder Act through Present Day. 248 IV. Indigenous Peoples' Health in the United States. 251 A. Indian Health Services. 253 B. Disease... |
2021 |
|
| Robert G. Natelson |
THE ORIGINAL UNDERSTANDING OF THE INDIAN COMMERCE CLAUSE: AN UPDATE |
23 Federalist Society Review 209 (########) |
The Congress shall have Power . To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. C1-2Table of Contents I. Recent and Pending Litigation. 211 II. Previous Scholarship. 212 III. Goals of this Article. 213 IV. Some Principles of Originalist Analysis. 214 V. The Constitutional Scheme: Separation of... |
2022 |
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| Danielle J. Mayberry |
The Origins and Evolution of the Indian Child Welfare Act |
14 Judicial Notice 34 (2019) |
Since first contact, federal Indian policy and law has impacted American Indian children and families, targeting them as a means to assimilate Indian Nations into American society. In the beginning, Indian children were targeted for military and diplomatic purposes in order to undermine tribal resistance. This assimilation policy later shifted; Search Snippet: ...Notice 2019 Featured Article THE ORIGINS AND EVOLUTION OF THE INDIAN CHILD WELFARE ACT Danielle J. Mayberry [FNa1] Copyright © 2019 by The... |
2019 |
Child Welfare |
| Elizabeth A. Reese |
THE OTHER AMERICAN LAW |
73 Stanford Law Review 555 (March, 2021) |
American legal scholarship focuses almost exclusively on federal, state, and local law. However, there are 574 federally recognized tribal governments within the United States, whose laws are largely ignored. This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of American law... |
2021 |
|
| Lorie M. Graham |
The past Never Vanishes: a Contextual Critique of the Existing Indian Family Doctrine |
23 American Indian Law Review Rev. 1 (1998) |
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: ...made rules that seek to limit the reach of the Indian Child Welfare Act of 1978 (ICWA). [FN2] Congress passed the ICWA... |
1998 |
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| 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 |
|
| Rebecca Tsosie |
The Politics of Inclusion: Indigenous Peoples and U.s. Citizenship |
63 UCLA Law Review 1692 (August, 2016) |
This Article explores the dynamics of U.S. citizenship and indigenous self-determination to see whether, and how, the two concepts are in tension and how they can be reconciled. The Article explores the four historical frames of citizenship for indigenous peoples within the United States--treating indigenous peoples as citizens of separate nations,; Search Snippet: ...in the mid-nineteenth century. [FN128] The BIA instituted the boarding school policy, which forcibly removed Indian children from their families and sent them to distant boarding schools where they were forbidden to speak their language or... |
2016 |
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| Alexander M. Roider |
THE PROMISE AT THE END OF THE TRAIL: USING MCGIRT TO CLOSE THE TRIBAL ENTERPRISE PERFORMANCE GAP |
52 Public Contract Law Journal 323 (Winter, 2023) |
Despite being introduced in identical ways, tribal enterprises and Alaska Native Corporations have achieved vastly different outcomes in their government contracting operations. However, the Supreme Court's recent decision in McGirt v. Oklahoma may change this, handing down a potential beacon of hope to the underperforming tribal enterprises. This... |
2023 |
|
| Addie C. Rolnick |
The Promise of Mancari: Indian Political Rights as Racial Remedy |
86 New York University Law Review 958 (October, 2011) |
In 1974, the Supreme Court declared that an Indian employment preference was based on a political rather than racial classification. The Court's framing of Indianness as a political matter and its positioning of political and racial as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about; Search Snippet: ...United States and white cultural practices. [FN100] During this time, Indian children were also sent to federally-sponsored boarding schools designed to kill the Indian in him and save the man, [FN101] where they were... |
2011 |
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| Ian F. Tapu |
THE REASONABLE INDIGENOUS YOUTH STANDARD |
56 Gonzaga Law Review 529 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3530 I. J.D.B. v. North Carolina: Opening the Door for Youth. 534 II. The Indigenous Youth Experience. 536 III. The Connection Between the Contextual Legal Framework and a Reasonable Indigenous Youth Standard. 539 IV. The Indigenous Youth Standard Already Conforms to Precedent. 541 L1-2Conclusion . L3544 |
2021 |
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| Kathryn Fort |
THE ROAD TO BRACKEEN: DEFENDING ICWA 2013-2023 |
72 American University Law Review 1673 (June, 2023) |
From 2013 to 2023, the Indian Child Welfare Act (ICWA) was challenged in the courts more than the Affordable Care Act. This Article lays out the history of the fight over ICWA from Baby Girl to Haaland, from my perspective as a clinical professor who has been involved with every major ICWA case since 2013, as well as my observations about why ICWA... |
2023 |
Child Welfare |
| 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 |
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| Russ VerSteeg |
THE ROLE OF LAW IN U.S. HISTORY TEXTBOOKS |
71 Cleveland State Law Review 363 (2023) |
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) Alan Brinkley, American History Connecting with the Past 745 (McGraw-Hill Educ., 15th ed. 2015); (2) Eric Foner, Give Me Liberty! An American History 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) David Goldfield et al., The American Journey: A... |
2023 |
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| Melina Angelos Healey |
The School-to-prison Pipeline Tragedy on Montana's American Indian Reservations |
37 New York University Review of Law and Social Change 671 (2013) |
I. Introduction. 673 II. Foundations of the Pipeline. 674 A. The Nationwide School-to-Prison Pipeline. 674 B. Tribes and Reservations Examined in this Article. 677 III. Background and Approach. 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 679 B. The Utility of a Critical Race Approach to Understanding the; Search Snippet: ...III. Background and Approach 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation 679 B. The Utility of a... |
2013 |
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| Sean Frazzette |
The Scope of Tribal Immunity in Real Property Disputes |
87 University of Chicago Law Review 1605 (September, 2020) |
Native American tribes are sovereign nations with some degree of sovereign immunity. The exact contours of that immunity are often in flux. While the Supreme Court has established the confines of tribal immunity in cases involving torts, taxation, and contracts, it has avoided determining the doctrine's application to cases involving real property; Search Snippet: ...various sections of Title 28. . See Maggie Blackhawk, Federal Indian Law as Paradigm Within Public Law , 132 Harv L Rev... |
2020 |
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| 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 |
|
| Dylan Hartsook |
THE SUPREME COURT OF WASHINGTON'S BROAD INTERPRETATION OF THE "REASON TO KNOW" STANDARD IN IN RE DEPENDENCY OF Z.J.G. AND WHY A UNIFORM, BROAD INTERPRETATION OF THE STANDARD WILL LEAD TO BETTER OUTCOMES |
45 American Indian Law Review 387 (2021) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to remedy the widespread and disparate removal of Indian Children from their unique cultures. Around the time ICWA was enacted, a survey of sixteen states showed approximately 85 percent of all Indian children in foster care were living in non-Indian homes. ICWA provides standards for... |
2021 |
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