| Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
| Patrick E. Reidy, C.S.C. |
SACRED EASEMENTS |
110 Virginia Law Review 833 (June, 2024) |
In the last forty years, Native American faith communities have struggled to protect their sacred sites using religious liberty law. When confronting threats to sacred lands, Native Americans stridently assert constitutional and statutory free exercise protections against public authorities. But unlike litigation involving non-Indian religious... |
2024 |
|
| Bethany Berger |
SEPARATE, SOVEREIGN, AND SUBJUGATED: NATIVE CITIZENSHIP AND THE 1790 TRADE AND INTERCOURSE ACT |
65 William and Mary Law Review 1117 (April, 2024) |
In 1790, the same year Congress limited naturalization to free white persons, it also enacted the first Indian Trade and Intercourse Act. The Trade and Intercourse Act may have even stronger claims to super statute status than the Naturalization Act. Key provisions of the Trade and Intercourse Act remain in effect today, and the Act enshrined a... |
2024 |
|
| Breanna K. Bollig |
STEPHEN C. v. BUREAU OF INDIAN EDUCATION: REINVIGORATING THE FEDERAL RIGHT TO EDUCATION FOR INDIAN CHILDREN |
71-SPG Federal Lawyer 62 (Spring, 2024) |
Today, there are 183 federally funded Bureau of Indian Education (BIE) schools that primarily serve Indian children who live on or near reservations. Despite Indian children having a federal right to education, however, BIE schools are in far worse conditions than state public schools. In addition to BIE school inadequacies, historical trauma... |
2024 |
|
| Gabrielle Kolb, J.D. |
STUDENTS FOR FAIR ADMISSIONS, INC. v. UNIVERSITY OF NORTH CAROLINA AND HAALAND v. BRACKEEN: LESSONS ON THE FUTURE OF AFFIRMATIVE ACTION FOR NATIVE AMERICAN COLLEGE APPLICANTS |
20 University of Saint Thomas Law Journal 511 (Spring, 2024) |
In the summer of 2023, the United States Supreme Court decided two cases that may change the legal landscape for Native Americans hoping to benefit from affirmative action programs or tuition waiver programs in higher education. In the first case, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court... |
2024 |
|
| Bailey Ruhm |
THE BEST INTERESTS OF THE CHILD BEYOND HAALAND v. BRACKEEN |
48 Law & Psychology Review 215 (2023-2024) |
C1-2Table of Contents I. Introduction. 216 II. Background of ICWA. 217 III. Facts of Haaland v. Brackeen. 218 IV. Procedural Process. 220 A. Majority Opinion. 221 B. Dissenting Opinion and Concern Around Child Well-Being. 222 V. Other ICWA Cases Implicating the Best Interests of the Child. 223 VI. Interplay between ICWA and a Child's Well-Being.... |
2024 |
|
| M. Alexander Pearl |
THE CONSEQUENCES OF MYTHOLOGY: SUPREME COURT DECISIONMAKING IN INDIAN COUNTRY |
71 UCLA Law Review 6 (January, 2024) |
Ilanoli isht unowa. We tell our own stories. A single historical event has many stories. Although this nation's official chronicle expected and even hoped for Indigenous peoples to fade away, we are still here. Our histories are marked by resistance, survival, sovereignty, and renaissance. Only now, in the later stages of the American experiment,... |
2024 |
|
| Robert J. Pushaw, Jr. |
THE COURT CONTINUES TO CONFUSE STANDING: THE PITFALLS OF FAUX ARTICLE III "ORIGINALISM" |
31 George Mason Law Review 893 (Spring, 2024) |
Although the Supreme Court has radically reduced the number of its published decisions, it continues to devote disproportionate attention to Article III standing --the doctrine that determines who can sue in federal court. For example, five of the Court's fifty-eight cases in its 2022-23 Term involved standing. Such detailed consideration, however,... |
2024 |
|
| Rachel Yost |
THE INDIAN CHILD WELFARE ACT, POLITICAL CLASSIFICATION OF "INDIANS," AND PRESERVATION OF TRIBAL SOVEREIGNTY: CHILDREN, THE MOST PRECIOUS RESOURCE |
48 American Indian Law Review 43 (2023-2024) |
Throughout the United States' history, Congress has consistently regulated Indian affairs as a matter of tribal political sovereignty, not as a matter of race. The Constitution itself enforces the use of political classification for Indians through Congress' power to regulate Commerce, and make Treaties with Indian tribes. Furthermore, the... |
2024 |
Yes |
| Ayodeji Kamau Perrin |
THE LAST COLONY OF THE MIND: NARRATIVE, LEGAL ADVOCACY, AND THE DECOLONIZATION OF LEGAL KNOWLEDGE |
38 Temple International and Comparative Law Journal 37 (Spring, 2024) |
Philippe Sands' The Last Colony tells the story of how Chagos Islanders won the right to return to the lands of their birth through a 2019 Advisory Opinion of the International Court of Justice (ICJ). In 1965, while the United Kingdom stood in the midst of conceding to the independence claims of myriad anti-colonialists throughout its imperial... |
2024 |
|
| Julnasha Morehead |
THE NEED FOR ANTIRACIST EDUCATION AMID TRENDS TOWARD TOTALITARIANISM AND A CONSTITUTIONAL CRISIS |
18 DePaul Journal for Social Justice 1 (Autumn, 2024) |
Narratives from the past play a vital role in shaping our present and future. Attacks on diversity in education, the workplace, and general society highlight the intent of legislators to silence diverse historical realities and supplant tired tropes that serve to divide and concentrate power. Anti-diversity legislation with titles such as Stop... |
2024 |
|
| James G. Dwyer |
THE REAL WRONGS OF ICWA |
69 Villanova Law Review 1 (2024) |
Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children's-rights based... |
2024 |
Yes |
| Katie Louras |
THE RUNAWAY TRAIN OF MANDATED REPORTING |
61 San Diego Law Review 137 (February-March, 2024) |
C1-2Table of Contents Abstract. 138 I. Introduction. 139 II. The State of Child Welfare: Where We Are and How We Got Here. 143 A. The Rapid Rise of Mandatory Reporting Laws. 144 B. What Happens After a Hotline Call?: From Report to Screening, Investigation to Substantiation. 150 C. A Harmful and Inefficient System. 156 D. State Attempts at Reform.... |
2024 |
Yes |
| S. Lisa Washington |
TIME AND PUNISHMENT |
134 Yale Law Journal 536 (November, 2024) |
Every three minutes, state agents remove a child from their home. Once a family is separated, impacted parents are up against a quickly approaching deadline--permanent legal separation looms at the end. In fact, impacted parents navigate three interrelated temporal dimensions: the race to permanent legal separation through the termination of... |
2024 |
|
| Bryce Drapeaux |
TOWARDS A MORE MEANINGFUL FUTURE: AN INDIAN CHILD WELFARE LAW FOR SOUTH DAKOTA |
69 South Dakota Law Review 119 (2024) |
Historically, the relationships between American Indian tribes and the states have been predominately antagonistic. In 1978, Congress attempted to remediate some of the effects of this antagonism by passing the Indian Child Welfare Act (ICWA) to specifically combat the state-sponsored destruction of Indian families and the wholesale removal of... |
2024 |
Yes |
| Adam Crepelle |
TRIBAL LAW: IT'S NOT THAT SCARY |
72 Buffalo Law Review 547 (April, 2024) |
Tribal law is often presented in a negative light. Indeed, the Supreme Court's skepticism about tribal law has resulted in severe limitations on tribal jurisdiction. This Article challenges perceptions of tribal law by surveying tribal law. While tribal law does rely on tribal customs, tribal law is largely consistent with mainstream American law.... |
2024 |
|
| Elizabeth Hidalgo Reese |
TRIBAL REPRESENTATION AND ASSIMILATIVE COLONIALISM |
76 Stanford Law Review 771 (April, 2024) |
Abstract. There are 574 federally recognized domestic dependent tribal nations in the United States. Each tribe is separate from its respective surrounding state(s) and governs itself. And yet, none of them have the power to send representatives to Congress. Our democratic representative structures function as if tribal governments and the... |
2024 |
|
| Alexandra Fay |
TRIBES AND TRILATERAL FEDERALISM: A STUDY OF CRIMINAL JURISDICTION |
56 Arizona State Law Journal 53 (Spring, 2024) |
This Article uses criminal jurisdiction to describe tribal political status in our national constitutional order. In 2022, Congress and the Supreme Court altered the already byzantine scheme of criminal jurisdiction on tribal land through the Reauthorization of the Violence Against Women Act (VAWA) and Oklahoma v. Castro-Huerta, respectively. By... |
2024 |
|
| Emily J. Stolzenberg |
TRIBES, STATES, AND SOVEREIGNS' INTEREST IN CHILDREN |
102 North Carolina Law Review 1093 (May, 2024) |
Haaland v. Brackeen, last year's unsuccessful Supreme Court challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute's forty-five-year history: that ICWA harms Indian children by subordinating their interests to their tribes' interests, unlike State family law, which pursues the best interests of... |
2024 |
Yes |
| Michael Moffitt |
TRUTH. REGARDLESS OF RECONCILIATION? |
24 Nevada Law Journal 1071 (Spring, 2024) |
Formal responses to historical injustices have typically taken one of two fundamental forms in the past hundred years. The first form is familiar to legal systems--a retributive process in which an adjudicative body measures the conduct of alleged wrongdoers against some set of established standards (think Nuremberg Trials). The second form is... |
2024 |
|
| Lawrence J. Altman |
US SUPREME COURT'S JUNE 2023 RULING CONCLUDES INDIAN CHILD WELFARE ACT OF 1978 IS CONSTITUTIONAL |
80 Journal of the Missouri Bar 242 (November-December, 20) |
Editor's Note: The Journal of The Missouri Bar follows Associated Press Style, which recommends the term Native American. In June 2023, the U.S. Supreme Court issued a ruling in Haaland, Secretary of the Interior v. Brackeen that discussed Native Americans' rights under the Indian Child Welfare Act of 1978 (ICWA). This federal law determines the... |
2024 |
Yes |
| Joshua Perry |
WHAT HAPPENED TO TRACEABILITY? |
137 Harvard Law Review Forum 317 (May, 2024) |
In a Comment here last November, Professors William Baude and Samuel Bray reimagined a twenty-five-year-old trend of state-initiated public law litigation as the consequence of liberal overreach. Justice Stevens's 2007 decision in Massachusetts v. EPA, they argued, invented a standing loophole by extending an ill-defined special solicitude to... |
2024 |
|
| Kristen A. Carpenter |
"ASPIRATIONS": THE UNITED STATES AND INDIGENOUS PEOPLES' HUMAN RIGHTS |
36 Harvard Human Rights Journal 41 (Spring, 2023) |
The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations... |
2023 |
|
| Lori McPherson , Sarah Blazucki |
"STATISTICS ARE HUMAN BEINGS WITH THE TEARS WIPED AWAY": UTILIZING DATA TO DEVELOP STRATEGIES TO REDUCE THE NUMBER OF NATIVE AMERICANS WHO GO MISSING |
47 Seattle University Law Review 119 (Fall, 2023) |
C1-2Contents Introduction. 120 I. Data Sources/Legal Mandates for Submission. 125 A. Biographic Data. 126 B. Biometric Data. 132 II. Baseline: What We Know About Missing Indigenous Persons. 134 III. Legal Considerations in Missing Person Cases in ISndian Country. 143 A. Federalism and Limits of Federal Power. 143 B. Right to Privacy & the Right to... |
2023 |
|
| Julia Gaffney |
"THE GOLD STANDARD OF CHILD WELFARE" UNDER ATTACK: THE INDIAN CHILD WELFARE ACT AND HAALAND v. BRACKEEN |
56 Family Law Quarterly 231 (2022-2023) |
Our country was built on the systemic erasure of Indigenous persons, their communities, and their culture. While one might consider this erasure a thing of the past--a phenomenon belonging more to colonization or the country's period of Western expansion--many of the legal, social, and political structures in the United States still operate in ways... |
2023 |
Yes |
| Lucia Kello |
"THE PAST GOT BROKEN OFF": CLASSIFYING "INDIAN" IN THE INDIAN CHILD WELFARE ACT |
36 Journal of Civil Rights & Economic Development 361 (Winter, 2023) |
In her 1993 novel, Pigs in Heaven, Barbara Kingsolver chronicles the story of an American Indian child, Turtle, and her young, white, adoptive mother, Taylor Greer. In what has been criticized as a controversial imagined fact pattern, Kingsolver writes that while stopped in a parking lot in the middle of the night, Taylor is approached by an... |
2023 |
Yes |
| Rachel Kennedy |
A CHILD'S CONSTITUTIONAL RIGHT TO FAMILY INTEGRITY AND COUNSEL IN DEPENDENCY PROCEEDINGS |
72 Emory Law Journal 911 (2023) |
Since the child welfare system's inception, abuse and neglect laws have conflated poverty-related neglect with active parental violence and willful neglect. The ensuing state surveillance has disproportionately harmed poor children and children of color. Pursuant to the state's expansive parens patriae authority, countless families are... |
2023 |
|
| K.R. Redhage |
A GENOCIDE THE WORLD HAS IGNORED: HOLDING GOVERNMENTS AND THE CATHOLIC CHURCH ACCOUNTABLE FOR RESIDENTIAL AND BOARDING SCHOOLS THROUGH THE ICC |
48 Brooklyn Journal of International Law 801 (2023) |
CONTENT WARNING: The following article discusses violence against children and the atrocities of the Indigenous Residential School System in the United States and Canada. On May 27, 2021, Tk'emlúps te Secwépemc (Kamloops Indian Band) Chief Rosanne Casmir confirmed the remains of 215 Indigenous children, some as young as three years old, were... |
2023 |
Yes |
| Margaret Kelly |
A MOTHER'S DOMICILE IN THE INDIAN CHILD WELFARE ACT: IN RE ADOPTION OF B.B. |
101 Oregon Law Review 453 (2023) |
Introduction. 453 I. History and Purpose of the Indian Child Welfare Act. 455 A. The Statute. 459 B. Domicile. 461 C. Statutory Interpretation. 461 II. Background of In re Adoption of B.B. 462 III. Case Analysis. 464 A. Plain Interpretation. 464 B. Congressional Intent. 466 C. Canons of Construction. 470 D. Effect on Public Policy. 470 E. United... |
2023 |
Yes |
| Rebecca Tsosie |
ACCOUNTABILITY FOR THE HARMS OF INDIGENOUS BOARDING SCHOOLS: THE CHALLENGE OF "HEALING THE PERSISTING WOUNDS" OF "HISTORIC INJUSTICE" |
52 Southwestern Law Review 20 (2023) |
As the settler colonial nations that emerged from British colonization, the United States, Canada, and Australia share a dark history of forcible acculturation of Indigenous peoples. The histories of Canada and the United States, in particular, are closely linked. The two countries share an international border that separated several Indigenous... |
2023 |
|
| Kathryn E. Fort |
AFTER BRACKEEN: FUNDING TRIBAL SYSTEMS |
56 Family Law Quarterly 191 (2022-2023) |
The purpose of the Indian Child Welfare Act was to allow tribes to make decisions for their own families, rather than state courts and agencies. Again and again, tribal leaders stated that they knew what to do for their tribes. Lost in our current fights over ICWA in the Supreme Court is the history of tribal leaders trying to secure funding for... |
2023 |
|
| Affie B. Ellis |
AN "ENDURING PLACE" |
46-OCT Wyoming Lawyer 20 (October, 2023) |
On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of tribal sovereignty and the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen. Congress enacted ICWA in 1978 to stop the forced assimilation of Native American children by putting in place several important safeguards that apply to adoption and foster... |
2023 |
|
| Martha Minow |
BEGIN WITH ADMITTING INHUMANITY |
52 Southwestern Law Review 1 (2023) |
Humanity begins with admitting inhumanity. --Abhijit Naskar What does it take to survive and move forward after your community has lost one out of every six people? Terrible questions like this confront communities that have suffered massive natural disasters and wars. When the killings, torture, and rapes are at the hands of the national... |
2023 |
|
| Meera E. Deo, JD, PhD |
BETTER THAN BIPOC |
41 Minnesota Journal of Law & Inequality 71 (Winter, 2023) |
Race and racism evolve over time, as does the language of antiracism. Yet nascent terms of resistance are not always better than originals. Without the deep investment of community engagement and review, new labels--like BIPOC--run the risk of causing more harm than good. This Article argues that using BIPOC (which stands for Black, Indigenous,... |
2023 |
|
| David Smolin |
BEYOND APOLOGIES: CHILDREN, MOTHERS, RELIGIOUS LIBERTY, AND THE MISSION OF THE CATHOLIC CHURCH |
53 Cumberland Law Review 101 (2022-2023) |
Fulton v. City of Philadelphia was a rare unanimous United States Supreme Court victory for religious liberty within the contentious space of religious liberty in conflict with LGBTQ+ rights and equality. The case also provided a unanimous stamp of approval from the Supreme Court for the work of Catholic Social Services (CSS) with vulnerable... |
2023 |
|
| Mitchell Forbes |
BEYOND INDIAN COUNTRY: THE SOVEREIGN POWERS OF ALASKA TRIBES WITHOUT RESERVATIONS |
40 Alaska Law Review 171 (June, 2023) |
The Alaska Native Claims Settlement Act of 1971 (ANCSA) devised a land entitlement system markedly different from the Indian reservation system that prevailed in the Lower 48 states. It directed the creation of twelve, for-profit Alaska Native regional corporations and over 200 private, for-profit Alaska Native village corporations, which would... |
2023 |
|
| Marcia Zug |
BRACKEEN AND THE "DOMESTIC SUPPLY OF INFANTS" |
56 Family Law Quarterly 175 (2022-2023) |
In November 2022, the Supreme Court heard oral arguments in Brackeen v. Haaland. The case concerns the constitutionality of the Indian Child Welfare Act (ICWA), a statute enacted in 1978 to help keep Indian children connected to their families and culture. Most Indian child and family advocates consider ICWA a success. The Act is routinely referred... |
2023 |
|
| Anna Belle Newport |
CIVIL MIRANDA WARNINGS: THE FIGHT FOR PARENTS TO KNOW THEIR RIGHTS DURING A CHILD PROTECTIVE SERVICES INVESTIGATION |
54 Columbia Human Rights Law Review 854 (Spring, 2023) |
C1-2Table of Contents Introduction. 856 Part I: The Family Regulation System as it is Today. 862 A. Constitutional Protections & Limitations in the Family Regulation System. 862 B. Disproportionate Impact on Low-Income Communities of Color. 865 C. The Limitations of Miranda v. Arizona in the Family Court Context. 870 Part II: The Meaninglessness of... |
2023 |
|
| Torey Dolan |
CONGRESS' POWER TO AFFIRM INDIAN CITIZENSHIP THROUGH LEGISLATION PROTECTING NATIVE AMERICAN VOTING RIGHTS |
59 Idaho Law Review 47 (2023) |
American Indians' path to citizenship and the franchise has not been straightforward nor simple. The legacy of this complicated path bears out today in the myriad of ways that Native Americans lack equitable access to voting in state and federal elections and otherwise face barriers to participating in the body politic that non-Indians do not.... |
2023 |
|
| Monica Shaffer |
CONSTITUTIONALITY OF REPARATIONS FOR NATIVE AMERICANS: CONFRONTING THE BOARDING SCHOOLS |
49 Mitchell Hamline Law Review 403 (April, 2023) |
I. Introduction. 404 II. Government Mistreatment of Native Americans: Boarding Schools. 405 A. Historical Context of the Boarding Schools. 405 B. The Boarding School Experience. 406 C. Historical Trauma and Direct Impact. 410 D. Ripple Effects. 412 III. About Reparations and Native Americans. 414 A. General Review. 414 B. Types of Reparations:... |
2023 |
Yes |
| Ali Murat Gali |
CRAWLING OUT OF FEAR AND THE RUINS OF AN EMPIRE: QUEER, BLACK, AND NATIVE INTIMACIES, LAWS OF CREATION AND FUTURES OF CARE |
34 Yale Journal of Law & Feminism 176 (2023) |
L1-2Table of Contents Introduction. 177 Part I. Relational Possibilities Under the Siege of Equality: Privatized Romances of Sensuality and the Family. 184 A. Lawrence v. Texas and Domesticated Sensualities. 187 B. Obergefell v. Hodges and Fantasizing Privatized Marriage. 193 Part II. Privatized Subjects in Lifeless Streets: Ethical Ramifications... |
2023 |
|
| Emma VanderWeyst |
CREATING AND MAINTAINING CONSISTENT STANDARDS REGARDING THE ROLE OF PARENTAL SUBSTANCE ABUSE AT SHELTER CARE HEARINGS IN WASHINGTON STATE |
98 Washington Law Review 763 (June, 2023) |
Abstract: When Child Protective Services (CPS) removes children from their home in Washington State, the State must hold a shelter care hearing within seventy-two hours to determine where the children should be placed while the investigation and dependency hearing proceed. RCW 13.34.065 requires the State to return a child to their parent's care if... |
2023 |
|
| Julie Novkov |
DEATH DROP: THE ROBERTS COURT, LEGITIMACY, AND THE FUTURE OF DEMOCRACY IN THE UNITED STATES |
83 Maryland Law Review 77 (2023) |
Left critics of the Roberts Court have objected to the Court's decisions, but also to its efforts to transform the Constitution and constitutional interpretation, upending longstanding organizations of political power and the structure and scope of rights. These critics have questioned the Court's legitimacy, noting the unpopularity of some of... |
2023 |
|
| Cynthia Godsoe |
DISRUPTING CARCERAL LOGIC IN FAMILY POLICING |
121 Michigan Law Review 939 (April, 2023) |
Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World. By Dorothy Roberts. New York: Basic Books. 2022. Pp. 11, 303. $32. Among a growing consensus that the criminal legal system is oversized, racist, and ineffective at preventing harm, the child welfare/family-policing system continues to be... |
2023 |
|
| Antonio M. Coronado |
ENVISIONING REPARATIVE LEGAL PEDAGOGIES |
30 Clinical Law Review 65 (Fall, 2023) |
As numerous reports, student movements, and forms of scholarship-activism have noted, the traditional U.S. law school classroom remains a space of hierarchy, privilege, and unnamed systems of power. Particularly for students holding historically marginalized and minoritized identities, legal education remains both a remnant of and conduit for... |
2023 |
|
| Neoshia R. Roemer |
EQUAL PROTECTION FOR THE BENEFICIARIES (PARENTS) OF COLONIALISM |
71 University of Kansas Law Review 595 (May, 2023) |
Parents' rights are in flux right now. As loud as some critics are about the strengthening of parents' rights and protections, it seems that those protections are largely meant to serve the beneficiaries of colonialism. Haaland v. Brackeen provides a prime example of these times as beneficiaries of colonialism challenge the Indian Child Welfare Act... |
2023 |
|
| James G. Dwyer |
FAUX ADVOCACY IN AMICUS PRACTICE |
50 Pepperdine Law Review 633 (April, 2023) |
Amicus brief filing has reached avalanche volume. Supreme Court Justices and lower court judges look to these briefs particularly for non-case-specific factual information--legislative facts--relevant to a case. This Article calls attention to a recurrent yet unrecognized problem with amicus filings offering up legislative facts in the many... |
2023 |
|
| Katelyn Mullally , Kaitlyn McLachlan , Emma Jewell , Jodi Viljoen , Jonathan Rudin |
FETAL ALCOHOL SPECTRUM DISORDER EVIDENCE IN CANADIAN CRIMINAL CASES: A CASE LAW REVIEW |
29 Psychology, Public Policy, and Law 417 (November, 2023) |
Increasing evidence highlights the relevance and frequent consideration of fetal alcohol spectrum disorder (FASD) in Canadian criminal legal cases, though systematic evaluation of the impact of such evidence on legal outcomes remains limited. We sought to fill this gap via a systematic review of reported Canadian criminal cases mentioning evidence... |
2023 |
|
| Eloise Melcher |
FIVE TIMES MORE LIKELY: HAALAND v. BRACKEEN AND WHAT IT COULD MEAN FOR MAINE TRIBES |
75 Maine Law Review 369 (June, 2023) |
Abstract Introduction I. Background A. Maine's Tribal History B. Child Welfare Crisis C. The Indian Child Welfare Act D. Implementation of the Indian Child Welfare Act in Maine E. Prior Supreme Court Challenges to ICWA II. Haaland v. Brackeen A. Facts and Procedural Background B. The Fifth Circuit Decision 1. The Court's Analysis 2. Equal... |
2023 |
|
| Maggie Blackhawk |
FOREWORD: THE CONSTITUTION OF AMERICAN COLONIALISM |
137 Harvard Law Review 1 (November, 2023) |
C1-2CONTENTS Introduction. 2 I. The Constitution of American Colonialism. 22 A. Constituting American Colonialism. 26 1. Colonization Within the Founding Borders. 28 2. Colonization Beyond the Founding Borders. 33 3. Colonization of Noncontiguous Territory. 43 B. The Rise of the Plenary Power Doctrine. 53 1. Plenary Power as Doctrine. 55 2.... |
2023 |
|
| Kennedy Ray Fite |
HAALAND v. BRACKEEN: THE DECISION THAT THREATENED THE INDIAN CHILD WELFARE ACT'S PROTECTIONS OF NATIVE FAMILIES IN ILLINOIS |
54 Loyola University Chicago Law Journal 1109 (Summer, 2023) |
The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States' tragic history of family separation in tribal communities,... |
2023 |
Yes |