Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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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David E. Wilkins |
African Americans and Aboriginal Peoples: Similarities and Differences in Historical Experiences |
90 Cornell Law Review 515 (January, 2005) |
In August of 2003, Harvard University hosted a major conference, organized by the Civil Rights Project, titled Segregation and Integration in America's Present and Future. The conference was appropriately subtitled the Color Lines Conference, in reference to W.E.B. Du Bois's classic 1903 study The Souls of Black Folk. This sprawling conference; Search Snippet: ...Indian religious practices and traditional forms of government, separation of Indian children from their homes, wholesale spoliation of treaty-guaranteed resources, forced... |
2005 |
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William Bradford |
Beyond Reparations: an American Indian Theory of Justice |
66 Ohio State Law Journal L.J. 1 (2005) |
It is perhaps impossible to overstate the magnitude of the human injustice perpetrated against American Indian people: indeed, the severity and duration of the harms endured by the original inhabitants of the U.S. may well rival those suffered by any other group past or present, domestic or international. While financial reparations for certain; Search Snippet: ...in its stead. [FN150] Beginning in the late nineteenth century, Indian children were spirited off to boarding schools where their hair was cut, their tribal clothing was... |
2005 |
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Natsu Taylor Saito |
Beyond the Citizen/alien Dichotomy: Liberty, Security, and the Exercise of Plenary Power |
14 Temple Political & Civil Rights Law Review 389 (Spring, 2005) |
[Since the attacks of September 11, 2001, t]here has been much talk about the need to sacrifice liberty for security. In practice, however, the government has most often at least initially sacrificed noncitizens' liberties while retaining basic protections for citizens. This is a politically tempting way to mediate the tension between liberty and; Search Snippet: ...other gross injustices, the forced removal of generations of American Indian children from their families and their imprisonment in boarding schools; [FN50] the involuntary sterilization of staggering numbers of women of child-bearing age by the Bureau of Indian Affairs' Indian Health Services; [FN51] the leasing of the most profitable native land and mineral resources at prices dramatically below market value... |
2005 |
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Kristen A. Carpenter |
Considering Individual Religious Freedoms under Tribal Constitutional Law |
14-SPG Kansas Journal of Law & Public Policy 561 (Spring, 2005) |
Environment, culture, religion, and life are very much interrelated. Indeed, they are often one and the same. Water for example, is the lifeblood of the people. I recall taking a draft tribal water code for public input into the five villages .. Protection of the water spirits was a major concern throughout the reservation. And the water spirits; 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 of conquering, colonizing, and assimilating American Indians. [FN25] As recently as 1988, the United States Supreme Court... |
2005 |
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Francis Paul Prucha, S.J. |
Education of American Indians in the Age of Brown V. Board of Education |
89 Marquette Law Review 87 (Fall 2005) |
I have been asked to comment briefly on the impact of Brown v. Board of Education upon the American Indians. The Indians, after all, can be considered a minority within the nation who have faced discrimination and oppression and who, in some ways, have a history parallel to that of African Americans. We may be forgiven if we are tempted to ask in; Search Snippet: ...will deal only with education policy as it affected American Indian children, from the 1950s to the present day. You will see... |
2005 |
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Laverne F. Hill |
Family Group Conferencing: an Alternative Approach to the Placement of Alaska Native Children under the Indian Child Welfare Act |
22 Alaska Law Review 89 (June, 2005) |
The Indian Child Welfare Act establishes a cultural safeguard for Alaska Native children caught up in the child welfare system by requiring professionals to make active efforts toward reunifying the child with family members and their tribe. Complying with this standard has been a challenge because the adversarial system governing the child; Search Snippet: ...APPROACH TO THE PLACEMENT OF ALASKA NATIVE CHILDREN UNDER THE INDIAN CHILD WELFARE ACT Laverne F. Hill [FNa1] Copyright (c) 2005 Alaska Law Review; Laverne F. Hill The Indian Child Welfare Act establishes a cultural safeguard for Alaska Native children... |
2005 |
Yes |
Carrie A. Martell , Sarah Deer |
Heeding the Voice of Native Women: Toward an Ethic of Decolonization |
81 North Dakota Law Review 807 (2005) |
How often have we heard it reiterated that the destiny of the world depends on woman--that woman is the appointed agent of morality--the inspirer of those feelings and dispositions which form the moral nature of man . . . . The elevation of our race does depend upon the manner in which woman executes this commission. Nor does the destiny of man as; Search Snippet: ...the equilibrium that traditionally existed between genders. Mandatory for most Native children, the boarding schools sought to civilize tribal communities by training students to... |
2005 |
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Jeffrey S. Miller |
Native American Athletes: Why Gambling on the Future Is a Sure Bet |
4 Virginia Sports and Entertainment Law Journal 239 (Spring 2005) |
Introduction. 240 I. The Numerous and Inherent Struggles of Native American Athletes. 242 II. Existing Sports Programs for Native American Athletes Offer a Foundation for Future Athletic Success. 251 III. Involvement and Success in Athletics Provides Numerous and Substantial Benefits to Native American Athletics. 255 IV. Apportioning a Piece of the; Search Snippet: ...between 1980 and 1990. John Bloom, To Show What an Indian Can Do: Sports at Native American Boarding Schools 24 (2000). . Kevin Gover, Assistant Secretary of Indian... |
2005 |
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Angela R. Riley |
Straight Stealing: Towards an Indigenous System of Cultural Property Protection |
80 Washington Law Review 69 (February, 2005) |
Abstract: Incidents involving theft of indigenous peoples' traditional knowledge and the blatant appropriation of culture have become more widely acknowledged in recent decades. It is now apparent that international, national, and tribal laws must work together to protect the cultural property of indigenous groups. However, tribal law, which; Search Snippet: ...Native religion. [FN166] In some cases, the mass placement of Indian children in white, Christian boarding schools caused, among other things, the extinction of Native languages, which are often necessary to explain indigenous customs. [FN167... |
2005 |
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Robert J. Miller |
The Doctrine of Discovery in American Indian Law |
42 Idaho Law Review Rev. 1 (2005) |
The Doctrine of Discovery is an international law principle developed primarily by Spain, Portugal, England, and the Church in the fifteenth and early sixteenth centuries. These entities developed the Doctrine at that particular time to control and maximize European exploration and colonization in the New World and in other lands of non-European,; Search Snippet: ...the letter and in his tribal speeches, Lewis repeatedly called Indians children and called Jefferson their new father. He informed them that... |
2005 |
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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 |
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Laughlin McDonald |
The Voting Rights Act in Indian Country: South Dakota, a Case Study |
29 American Indian Law Review 43 (2004-2005) |
The problems that Indians continue to experience in South Dakota in securing an equal right to vote strongly support the extension of the special provisions of the Voting Rights Act scheduled to expire in 2007. They also demonstrate the ultimate wisdom of Congress in making permanent and nationwide the basic guarantee of equal political; Search Snippet: ...when she went to high school in Todd County. The Indian students lived in a segregated dorm at the Rosebud boarding school, and were bussed to the high school, then bussed... |
2005 |
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Carla D. Pratt |
Tribes and Tribulations: Beyond Sovereign Immunity and Toward Reparation and Reconciliation for the Estelusti |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) |
This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by; Search Snippet: ...in Carlisle, Pennsylvania. David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience 1875-1928 51-53 (1995). Many of Pratt's... |
2005 |
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Sarah Krakoff |
A Narrative of Sovereignty: Illuminating the Paradox of the Domestic Dependent Nation |
83 Oregon Law Review 1109 (Winter 2004) |
In my view, the tribes either are or are not separate sovereigns, and our federal Indian law cases untenably hold both positions simultaneously. The [U.S.] Constitution never took away Indian self-governance; that governance flows from the people. The Courts are trying to do what the [executive and legislative] branch[es] have learned they; Search Snippet: ...the Diné homeland. Yet the history of education of American Indian children pushes strongly against this goal. The assimilation era forced boarding... |
2004 |
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Juan F. Perea |
Buscando América: Why Integration and Equal Protection Fail to Protect Latinos |
117 Harvard Law Review 1420 (March, 2004) |
So you see it is up to the white population to keep the Mexican on his knees in an onion patch or in new ground. This does not mix well with education. The lessons of subordination formed the most vital part of the curriculum. The schools renewed the conquest every semester. During the 1940s, Gonzalo and Felícitas Méndez moved to Westminster,; Search Snippet: ...note 16, at 663-69; id. at 862 (discussing American Indian boarding schools). . See Carter Godwin Woodson, The Mis-Education of... |
2004 |
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Steven J. Gunn |
Compacts, Confederacies, and Comity: Intertribal Enforcement of Tribal Court Orders |
34 New Mexico Law Review 297 (Spring, 2004) |
Indian tribes and their reservations have been described as America's internal colonies. Since the arrival of Europeans on this continent, Indian people have seen their tribes divided, their lands taken, and their sovereignty diminished. For well over a century, the U.S. Congress has exercised so-called plenary power over Indian affairs, enacting; Search Snippet: ...of tribal governments. In its darkest moments, Congress has abrogated Indian treaties, divided reservations into farm-sized allotments for individual Indians, sold surplus Indian lands to homesteaders, acculturated Indian children in off-reservation boarding schools, suppressed Indian cultural and religious practices, imposed federal and, in some cases... |
2004 |
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Lynne Henderson |
Foreword: Pursuing Equal Justice in the West |
5 Nevada Law Journal L.J. 1 (Fall 2004) |
On February 20 and 21 of 2004, the William S. Boyd School of Law hosted a conference on Pursuing Equal Justice in the West, inspired by the fiftieth anniversary of Brown v. Board of Education (I) and the fortieth anniversary of the Civil Rights Act of 1964. We were privileged to have outstanding scholars in both history and law deliver wonderful; Search Snippet: ...the vote. Another set of laws and practices that injured Indians was federal law placing Indian children in boarding schools and allowing adoptions of Indian children by white parents without scrutiny. Congress finally responded to these abuses by enacting the Indian Child Welfare Act of 1978 (ICWA). [FN11] Uneasy Tensions Between Children's... |
2004 |
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Sherry Hutt |
If Geronimo Was Jewish: Equal Protection and the Cultural Property Rights of Native Americans |
24 Northern Illinois University Law Review 527 (Summer 2004) |
C1-3Table of Contents I. Application of the Equal Protection Clause to Native Americans. 528 II. A Short History of Indian Law: Special is Not Equal. 532 III. Geronimo: From Arizona to Florida. 536 IV. If Geronimo Was Jewish. 539 V. If Geronimo Was a Rap Star: Intellectual Property Law Versus Intangibles in Natural Law. 551 VI. If Geronimo Was an; Search Snippet: ...rights advances were being fought and won for African Americans, Native Americans saw their families divided and their children sent to boarding schools, their medical needs, housing and other services tightly controlled... |
2004 |
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Richard Delgado |
Locating Latinos in the Field of Civil Rights: Assessing the Neoliberal Case for Radical Exclusion |
83 Texas Law Review 489 (December, 2004) |
Poor Latinos! Nobody loves them. Think-tank conservatives like Peter Brimelow, joined by a few liberals and a host of white supremacist websites, have been warning against the Latino threat: Because our dark-haired friends from south of the border insist on preserving their peculiar language and ways, they endanger the integrity of our Anglocentric; Search Snippet: ...United States. [FN160] In the early years of this century, boarding schools for Indian children ruthlessly suppressed Indian culture, [FN161] while California schools segregated black and Chinese schoolchildren... |
2004 |
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Lawrence R. Baca |
Meyers V. Board of Education: the Brown V. Board of Indian Country |
2004 University of Illinois Law Review 1155 (2004) |
The U.S. Supreme Court announced the constitutional promise of an equal, unified education for African American students by deciding Brown v. Board of Education in 1954, but it would take another forty years before a federal court even addressed the basic question of whether American Indians share a similar right to equal educational opportunities; Search Snippet: ...Live Heroically , Deloris J. Huff writes: To the generations of Indian children--who endured history classes extolling the heroism of Christopher Columbus... |
2004 |
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Scott C. Idleman |
Multiculturalism and the Future of Tribal Sovereignty |
35 Columbia Human Rights Law Review 589 (Summer 2004) |
One of the most important things to understand about American Indian tribes is the simple fact that tribes are governments--not non-profit organizations, not interest groups, not an ethnic minority. The history of American culture is rich with social and ideological movements of every sort, from the temperance and abolitionist efforts at the outset; Search Snippet: ...Indian legislation. [FN118] Paradigmatic in this respect is the 1978 Indian Child Welfare Act (ICWA), [FN119] which governs the placement of children... |
2004 |
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Kevin Noble Maillard |
Parental Ratification: Legal Manifestations of Cultural Authenticity in Cross-racial Adoption |
28 American Indian Law Review 107 (2003/2004) |
The question Who is Indian? marks a standard subject of academic inquiry, but to ask who decides and how is much more interesting. In Indian country, state and tribal standards for determining Indian may belie personal and private definitions of identity. While I believe that identity should be self-defined, the unavoidable truth persists; Search Snippet: ...Following the standards established by the federal government in the Indian Child Welfare Act (ICWA), [FN1] state courts have held that being... |
2004 |
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Matthew L. M. Fletcher |
Stick Houses in Peshawbestown |
2 Cardozo Public Law, Policy and Ethics Journal 189 (May, 2004) |
There are many stories here. And, there is much to learn for the future. For all the pain and heartache we have felt, there has been and will be an equal amount of joy. That is how everything works. There is always a struggle to maintain the balance. --Winona LaDuke It is undoubtedly true that Indians may be easily led to make bad bargains, and,; Search Snippet: ...be in a good mood. Wilson handled criminal defense and Indian child welfare cases at New Pascua, the reservation of the Pascua... |
2004 |
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Robert McCarthy |
The Bureau of Indian Affairs and the Federal Trust Obligation to American Indians |
19 BYU Journal of Public Law L. 1 (2004) |
I. Introduction A. BIA: Bossing Indians Around 4 B. Bashing the BIA 5 C. Defending the BIA 8 D. Reforming the BIA 10 E. Understanding the BIA 14 II. The BIA and the Federal Trust Obligation to American Indians A. The BIA and the Department of the Interior 15 B. Statutory and Regulatory Authorities 18 C. Enforcement of the Federal Trust; Search Snippet: ...with, and resulting responsibilities to, American Indian people [FN114] the Indian Child Welfare Act ( the special relationship between the United States and... |
2004 |
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Judith Resnik |
Tribes, Wars, and the Federal Courts: Applying the Myths and the Methods of Marbury V. Madison to Tribal Courts' Criminal Jurisdiction |
36 Arizona State Law Journal 77 (Spring, 2004) |
C1-3Table of Contents I. Constitutionalism as Reasoning About Constraint. 78 II. Federal Indian Law and the Problems of Authority. 93 III. Difference, Assimilation, and Sovereignty. 96 IV. Jurisdiction by Distrust of the Other Court System. 102 V. Jurisdiction by Political Affiliation. 111 VI. Sources of Sovereignty, Double Jeopardy, and; Search Snippet: ...or discovery. Id . at 85-86. See, e.g. , the Indian Child Welfare Act, Pub. L. No. 95-608, 92 Stat. 3069... |
2004 |
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Annette Ruth Appell |
Uneasy Tensions Between Children's Rights and Civil Rights |
5 Nevada Law Journal 141 (Fall 2004) |
This essay begins an exploration of the opposition between, and intersection of, children's rights and civil rights. Children's rights, a phrase I will define and explore more fully below, are sometimes placed under the umbrella of the civil rights movement. Children's rights to equal protection in education, protections against arbitrary state; Search Snippet: ...various faces of children's rights in the context of the Indian Child Welfare Act (ICWA). [FN2] This Symposium's occasion and location in... |
2004 |
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Amanda B. Westphal |
An Argument in Favor of Abrogating the Use of the Best Interests of the Child Standard to Circumvent the Jurisdictional Provisions of the Indian Child Welfare Act in South Dakota. |
49 South Dakota Law Review 107 (2003) |
The South Dakota Supreme Court has always recognized the needs of the children are paramount and that their best interests must prevail. However, in cases dealing with the Indian Child Welfare Act the South Dakota Supreme Court has the right answer but to the wrong question. Under ICWA, the question state court judges should be asking is not what; Search Snippet: ...THE CHILD STANDARD TO CIRCUMVENT THE JURISDICTIONAL PROVISIONS OF THE INDIAN CHILD WELFARE ACT IN SOUTH DAKOTA. Amanda B. Westphal Copyright ©... |
2003 |
Yes |
Kurt Mundorff |
Children as Chattel: Invoking the Thirteenth Amendment to Reform Child Welfare |
1 Cardozo Public Law, Policy and Ethics Journal 131 (May, 2003) |
During my fourteen months as a Child Protective Specialist for the New York City Administration for Children's Services I generally investigated two or three cases a week. I also accompanied co-workers on their home visits. Through my job, I became involved in the lives of dozens of families and hundreds of children. The Community District for; Search Snippet: ...remain the most impacted ethnic/racial group. [FN248] Interference in Native American families dates back to the colonial period, when Indian children were removed from their homes and educated in white boarding schools. [FN249] The strategy of removing Native American children from... |
2003 |
Yes |
Barry Sautman |
Cultural Genocide and Tibet |
38 Texas International Law Journal 173 (Spring 2003) |
I. Introduction. 174 II. Cultural Genocide in International Law and Politics. 177 A. Unquestioned Cultural Genocide. 177 B. The Convention and Cultural Genocide. 181 C. Indigenous Peoples, Cultural Genocide, and Ethnocide. 187 III. The Claim of Cultural Genocide in Tibet. 196 A. The Émigré Conception of Cultural Genocide. 196 IV. The Empirical; Search Snippet: ...favored destruction by civilization rather than by killing. [FN156] Ninety boarding schools for Native American children were established between 1878 and 1902. [FN157] Richard... |
2003 |
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David E. Bernstein |
Defending the First Amendment from Antidiscrimination Laws |
82 North Carolina Law Review 223 (December, 2003) |
Of late, leading legal scholars have argued that the First Amendment should not stand in the way of restrictions on freedom of expression intended to alleviate discrimination. A powerful, normative defense of the First Amendment from the competing claims of the antidiscrimination agenda is therefore greatly needed. This Essay seeks to provide the; Search Snippet: ...everywhere else, Japanese Americans were incarcerated in concentration camps, American Indian children were removed from their parents and forcibly assimilated in boarding schools, and male homosexuals were generally thought to be pedophilic... |
2003 |
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