Antonia Castañeda Language and Other Lethal Weapons: Cultural Politics and the Rites of Children as Translators of Culture 19 Chicano-Latino Law Review 229 (Spring 1998) Dile que no puedo respirar--que se me atora el aire. Dile. . . How do I say atora ? Tell your mother that she has to stop and place this hose in her mouth and press this pump or else she will suffocate. ?Qué dice? ?Qué dice? He is sitting behind this big desk, and my mother was sitting beside me and holding onto my hand very tightly. I. ; Search Snippet: ...girls who worked in the homes of soldiers and settlers. Indian children, in particular, were often captured, traded, or sold into slavery... 1998
David M. Osterfeld Plastic Indians, Nazis, and Genocide: a Perspective on America's Treatment of Indian Nations 22 American Indian Law Review 623 (1998) Ward Churchill, Indians are Us? Culture and Genocide in Native North America, Common Courage Press, 1994 $14.95 Sizzling the moisture laden air, the hot summer sun creates a sticky incumbrance on human skin. As the wind whistles through the drooping power lines which plague the reservation like a swarm of locusts, damp creosote and sagebrush mix,; Search Snippet: ...for German expansion). (pp. 28 & 36). 2.) Compulsory transfer of Indian children from their families to euroamerican families and the sterilization of... 1998
Matthew Atkinson Red Tape: How American Laws Ensnare Native American Lands, Resources, and People 23 Oklahoma City University Law Review 379 (Spring-Summer 1998) In this Article, the author discusses America's heritage of taking land from Native Americans--a heritage that continues today. The author explains that beginning with the Indian Removal Act in 1830 and the General Allotment Act in 1887, Congress has consistently passed legislation which either takes land from Native Americans or has the effect of; Search Snippet: the neck of America is its aggressive kidnapping of Native American children to fill boarding schools. [FN48] At these schools, which operated into contemporary lifetimes, Indian children were injured or humiliated for speaking any words from their... 1998
Joyce E. McConnell Securing the Care of Children in Diverse Families: Building on Trends in Guardianship Reform 10 Yale Journal of Law & Feminism 29 (1998) I. Introduction II. Current Law: Inadequately Meeting Needs of Diverse Favilies and Their Children A. Continuum of Transferred Rights B. Traditional Guardianship 1. Basic Principles of Legal Parents' Natural Guardianship Rights 2. Testamentary Appointment of Guardian C. Nontraditional Guardianship: Standby Guardianship D. Coguardianship E. Power of; Search Snippet: ...feature of this federal policy was the practice of removing Indian children from their families and tribes for assimilation purposes. [FN112] Some were placed in boarding schools, far from their reservations, [FN113] and others were placed in non- Indian adoptive homes. [FN114] Recognizing the devastation that this federal policy... 1998
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
Garrett Epps To an Unknown God: the Hidden History of Employment Division V. Smith 30 Arizona State Law Journal 953 (Winter, 1998) I. Introduction. 956 II. The Antagonists. 959 A. Al Smith. 959 B. Galen Black. 964 C. Dave Frohnmayer. 965 III. Oregon: The Legal Background. 968 A. The Oregon Constitution. 968 B. Rajneeshpuram. 971 IV. The Eagle Feather: Black and Smith at ADAPT. 978 V. Ignorant Armies: The Early Court Cases. 985 VI. In Search of an Interest: The Oregon Appellate; Search Snippet: ...however, Smith was sent to Sacred Heart Academy, a Catholic boarding school in Klamath Falls, where he was among a minority of Native children sent there to learn American and Christian ways. [FN20... 1998
Bethany Ruth Berger After Pocahontas: Indian Women and the Law, 1830 to 1934 21 American Indian Law Review Rev. 1 (1997) I. Introduction. 2 II. The Nineteenth Century and Indian Women: Federal Indian Policy and the Cult of True Womanhood. 6 III. Federal and State Governments and Indian Women: As Themselves, as Mothers, and as Wives. 12 A. The Beginning: Ladiga's Heirs and Indian Women in Their Own Right. 12 B. Indian Women as Wives and Mothers: Intermarriage and; Search Snippet: ...desert or semidesert. [FN28] The second step was cultural education Indian children were to be removed from their parents, purged of the... 1997
Verna C. Sánchez All Roads Are Good: Beyond the Lexicon of Christianity in Free Exercise Jurisprudence 8 Hastings Women's Law Journal 31 (Winter 1997) I studied under Grandpa Fools Crow, a Lakota holy man. He said never bad-mouth anybody, never be envious or jealous of anybody; if you are; you won't be on the right road yourself, cause all roads are good. --Abe Conklin Thou shalt have no other gods before me . . . for I the Lord thy God am a jealous God . . . . --Exodus I am the way, the truth,; Search Snippet: ...for example, the United States government continued to ban any Indian dances or feasts, and Indian children were forcibly removed from their families and sent to boarding schools, where church service was mandatory. [FN149] The official right... 1997
Carl G. Hakansson Allotment at Pine Ridge Reservation: its Consequences and Alternative Remedies 73 North Dakota Law Review 231 (1997) Since European settlers first arrived in America, they have been faced with the dilemma of how to deal with the Native American Indians. In the United States, following colonial independence from England, the Constitution put Indian affairs in the hands of the federal government. The power of Congress to regulate commerce with the tribes and the; Search Snippet: ...begin the assimilation process as early as possible by sending Indian children to boarding schools, thus denying parents any opportunity to nurture their children... 1997
Richard J. Ansson, Jr. American Indian Legal History and the American Indian Woman 21 American Indian Law Review 205 (1997) Changing Woman. By Karen Anderson. Oxford: Oxford University Press. 1996. Pp. 291. Changing Woman, by Karen Anderson, is a perspicuous book that yields a profoundly thorough, yet astoundingly thoughtful, insight into the historical aspects of federal Indian policy and the residual effect those policies have had on American Indian women; Search Snippet: ...the government sought to control the behavior of young American Indian children. Indeed, arguing that boarding schools were essential to acculturation, government officials began placing Indian children in such schools (p. 46). Young women, when the government... 1997
Allison M. Dussias Ghost Dance and Holy Ghost: the Echoes of Nineteenth-century Christianization Policy in Twentieth-century Native American Free Exercise Cases 49 Stanford Law Review 773 (April, 1997) In the late nineteenth century, Native Americans were the subject of a United States government Christianization policy that attempted, with the help of Christian churches, to convert Native Americans to Christianity by assigning reservations to Christian groups for proselytization purposes and by suppressing Native American religious beliefs and; Search Snippet: ...enterprise of rescuing from lives of barbarism and savagery these Indian children, and conferring upon them the benefits of an educated civilization... 1997
Jennifer L. Walters In re Elliott: Michigan's Interpretation and Rejection of the Existing Indian Family Exception to the Indian Child Welfare Act 14 Thomas M. Cooley Law Review 633 (Michaelmas Term, 1997) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) as a result of the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people. This legislation's policy is to protect the best interests of Indian children and to promote the stability and security of Indian; Search Snippet: ...AND REJECTION OF THE EXISTING INDIAN FAMILY EXCEPTION TO THE INDIAN CHILD WELFARE ACT [FN2] Jennifer L. Walters Copyright (c) 1997 Thomas... 1997
Rebecca Tsosie Negotiating Economic Survival: the Consent Principle and Tribal-state Compacts under the Indian Gaming Regulatory Act 29 Arizona State Law Journal 25 (Spring, 1997) I. Introduction. 26 II. Historical Look at the Consent Principle. 29 III. The Contemporary Application of the Consent Principle. 33 A. Negotiated Agreements Between States and Tribes in Natural Resources Disputes. 34 B. The Indian Gaming Regulatory Act and the Consent Principle. 43 1. The Nature of Tribal Gaming Rights. 43 2. The Impact of the IGRA; Search Snippet: ...divided among several reservations where they could be subdued. [FN27] Indian children were sent to distant boarding schools and forbidden to speak their native languages. [FN28] The federal government authorized Christian missionaries to serve... 1997
Robert B. Porter Strengthening Tribal Sovereignty Through Peacemaking: How the Anglo-american Legal Tradition Destroys Indigenous Societies 28 Columbia Human Rights Law Review 235 (Winter 1997) Three Killed in Gunbattle Triggered by Seneca Feud --Headline, The Buffalo News State Court jurisdiction over the type of internal dispute present here would set a dangerous precedent that could severely undermine the (Seneca) Nation's sovereignty, usurp the authority of the Nation's courts, and erode the power of the Nation's leaders to govern for; Search Snippet: ...population. [FN163] Official federal government action, including the establishment of boarding schools, police agencies, and prisons also took place as means of ensuring native assimilation as quickly as possible. [FN164] One of the most... 1997
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
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
Kirke Kickingbird Vanishing American-vanishing Justice: Indian Policies on the Eve of the 21st Century 14 Thomas M. Cooley Law Review 437 (Michaelmas Term, 1997) Well, I began teaching law school in 1988. I taught federal Indian law under tribal governments for years through a special program that I had developed with my private, non-profit organization named the Institute for the Development of Indian Law. While teaching, I have found that the material I used to be able to teach tribal governments' leaders; Search Snippet: ...there was considerable, the United States sold to white homesteaders. Indian children were shipped away to boarding schools and separated from the adverse influence of their parents... 1997
Dr. Cynthia Price Cohen Development of the Rights of the Indigenous Child under International Law 9 Saint Thomas Law Review 231 (Fall 1996) In 1994, the United Nations dedicated the ten-year period starting December 10, 1994, as the Decade of the World's Indigenous People. At the end of the decade, children who were born during the International Year for the World's Indigenous People (1993) will be approaching puberty, while those who were pre-teens that year will have become young; Search Snippet: ...situations similar to those in the United States in which Indian children were sent to distant boarding schools or adopted by non- Indian families. [FN111] Article 11 addresses the protection of indigenous people... 1996
Betty Pfefferbaum, Rennard Strickland, Everett R. Rhoades, Rose L. Pfefferbaum Learning How to Heal: an Analysis of the History, Policy, and Framework of Indian Health Care 20 American Indian Law Review 365 (1995-1996) C1-3Table of Contents I. Introduction. 366 II. New Diseases and Minimal Intervention: Pre-Nineteenth Century. 367 III. Government Intervention: Nineteenth Century. 368 IV. Health as a Priority: Early Twentieth Century. 373 V. The Beginnings of Public Health Practices: 1921 to 1954. 376 VI. Official Transfer to the Public Health Service: 1955. 380; Search Snippet: ...seemed to be a reasonable and feasible alternative. Although the boarding school system is often condemned for its role in the civilization of Indians, critics have not offered a satisfactory substitute for this means of educating Indian children. Unfortunately, the assemblage of young individuals fostered local epidemics, a... 1996
Daniel E. Witte People V. Bennett: Analytic Approaches to Recognizing a Fundamental Parental Right under the Ninth Amendment 1996 Brigham Young University Law Review 183 (1996) C1-3Table of Contents I. INTRODUCTION. 186 II BACKGROUND: THE HISTORICAL EVOLUTION OF UNITED STATES PARENTAL RIGHTS JURISPRUDENCE. 190 A. English and Early American Common Law Pertaining to Parental Rights. 190 B. Analysis of Parental Rights Under the Constitution. 193 C. Emergence of an Alternative Education Subculture. 195 III. PEOPLE V. BENNETT; Search Snippet: ...the detriment of a loving and nurturing family situation . Native Americans have explained how public education was used as a tool in the United States campaign to undermine Native American culture: [T]he fall of each year was pretty similar... 1996
Christine Metteer Pigs in Heaven: a Parable of Native American Adoption under the Indian Child Welfare Act 28 Arizona State Law Journal 589 (Summer, 1996) For eighteen years the Indian Child Welfare Act (ICWA) has provided protection against the removal of Indian children from their Indian culture. Such protection is afforded not only to Indian children and Indian parents, but also, and of equal importance, to Indian tribes. However, a recent California case, In re Bridget R., has raised questions; Search Snippet: ...IN HEAVEN: A PARABLE OF NATIVE AMERICAN ADOPTION UNDER THE INDIAN CHILD WELFARE ACT Christine Metteer [FNa1] Copyright (c) 1996 by the... 1996
Anastasia P. Winslow Sacred Standards: Honoring the Establishment Clause in Protecting Native American Sacred Sites 38 Arizona Law Review 1291 (Winter, 1996) L1-2Introduction 1292. M5I. Christian and Native American Religions Compared. 1294 A. On God. 1295 B. On Human Nature. 1297 C. On the Environment. 1297 D. On Time and Space. 1298 E. On Individuality. 1299 F. On Substance Use. 1299 G. On Universal Truths. 1301 II. Traditional Establishment Clause Rules and Their Application to Native American Sacred; Search Snippet: ...with a principal aim being their conversion to Christianity. [FN159] Native American children were removed from their homes, forced to attend church services, and sent to Christian boarding schools supported with federal funds and staffed with teachers supplied... 1996
Carol Sanger Separating from Children 96 Columbia Law Review 375 (March, 1996) I. Introduction. 376 II. The Social History of Maternal Presence. 388 A. Regulating Separations: An Historical Overview. 389 1. Exposure, Oblation, and Abandonment. 390 2. Wet-Nursing. 395 3. Apprenticeships. 396 B. Inventing the Virtue: The Nineteenth Century. 399 C. The Grand Prerogative Today. 409 III. Reconsidering Separations. 420 A; Search Snippet: ...see Sanger, supra note 172, at 317, secondary schools for Native American children were provided only off reservations, see Margaret Connell Szasz, Federal Boarding Schools and the Indian Child: 19201960, in Growing Up in America: The Child in... 1996
Robert J. Miller , Maril Hazlett The "Drunken Indian": Myth Distilled into Reality Through Federal Indian Alcohol Policy 28 Arizona State Law Journal 223 (Spring, 1996) [I]f it be the Design of Providence to extirpate these Savages in order to make room for Cultivators of the Earth, it seems not improbable that Rum may be the appointed Means. Benjamin Franklin I. Introduction: Myth of the Drunken Indian Versus the Reality. 225 II. Theories on Indian Alcohol Use. 229 A. Biologic or Genetic Predisposition. 229 B; Search Snippet: ...factors leading to alcohol abuse include lack of education, poverty, Indian child welfare practices, religious persecution, destructive educational practices, and the introduction... 1996
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
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
Patrice H. Kunesh Transcending Frontiers: Indian Child Welfare in the United States 16 Boston College Third World Law Journal 17 (Winter, 1996) Let us put our minds together and see what kind of future we can build for our children. These words were spoken by Sitting Bull, a Hunkpapa Lakota leader, following his peoples' victory over the army of the United States at the Battle of Little Big Horn in 1876. In the struggle to protect the Lakota lands against colonial expansion, Sitting Bull; Search Snippet: ...Boston College Third World Law Journal Winter, 1996 TRANSCENDING FRONTIERS: INDIAN CHILD WELFARE IN THE UNITED STATES Patrice H. Kunesh [FNa] Copyright... 1996
Dean B. Suagee Tribal Voices in Historic Preservation: Sacred Landscapes, Cross-cultural Bridges, and Common Ground 21 Vermont Law Review 145 (Fall, 1996) C1-3TABLE OF CONTENTS Introduction 147 I. Our Stories Matter. 149 A. Our Places in American History. 150 1. Owning Up to the Legacy of Cultural Genocide. 153 2. Celebrating Our Survival and Our Differences. 157 B. The Contemporary Need for Stewardship. 160 1. Our Stories About Nature. 162 2. Values in Conflict over the Use of Land. 163 a. Bighorn; Search Snippet: ...and massacres), the federal government attacked the core values of Indian tribal cultures on several fronts: traditional religious practices were outlawed; children were taken away to boarding schools; and tribal landholdings were confiscated and converted into individual... 1996
  Young Once, Indian Forever 1 U.C. Davis Journal of Juvenile Law & Policy 16 (Fall, 1996) Several years ago, a young woman with a striking Navajo appearance walked into the offices of the National Indian Justice Center to inquire about her Native American heritage. For purposes of this story, call her Jane. In a soft, deliberate voice, Jane recalled the history of her young life. She had been told that her biological mother was a young; Search Snippet: ...YOUNG ONCE, INDIAN FOREVER Criticism of the Amendments to the Indian Child Welfare Act Copyright © 1996 by Regents of the University of... 1996
Ralph W. Johnson , Berrie Martinis Chief Justice Rehnquist and the Indian Cases 16 Public Land Law Review Rev. 1 (1995) Since his appointment to the United States Supreme Court, Chief Justice William H. Rehnquist has guided significant changes in Indian law. He has articulated new tests for determining the status of tribes and their powers as sovereign nations. He has voted to disestablish tribes and limit their sovereign powers. He has voted to allow states to; Search Snippet: ...Civil War, and were subject to extreme discrimination after it. Indians were forcibly removed from their homelands, required to move onto reservations, surrender their children to boarding schools, deny their own language and religious heritage, and be... 1995
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