AuthorTitleCitationSummaryYearKey Term
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  
Robert Cruz Am T Ñe'ok et A:t O Ce:ek T Do'ibioda:lik "In Our Language Is Where We Will Find Our Liberation" 22 Berkeley La Raza Law Journal 97 (2012) I am O'odham and draw from my experiences with O'odham elders who have discussed their feelings about O'odham existence and expressed how we may continue practicing our way of life. O'odham life ways called Himdag have sustained us since time immemorial and even if we have lost much, exercising the small amount remaining will carry us forward as; Search Snippet: a result of religious doctrine about how to educate Indian children and two political factions resulted purporting to represent the O'odham... 2012  
Delight E. Satter , Laura M. Mercer Kollar , Public Health Writing Group on Missing or Murdered Indigenous Persons, Debra O'Gara ‘Djik Sook’ , Senior Health Scientist, Centers for Disease Control and Prevention, Behavioral Scientist, Centers for Disease C AMERICAN INDIAN AND ALASKA NATIVE KNOWLEDGE AND PUBLIC HEALTH FOR THE PRIMARY PREVENTION OF MISSING OR MURDERED INDIGENOUS PERSONS 69 Department of Justice Journal of Federal Law and Practice 149 (March, 2021) Violence against American Indian and Alaska Native (AIAN) women, children, two-spirit individuals, men, and elders is a serious public health issue. Violence may result in death (homicide), and exposure to violence has lasting effects on the physical and mental health of individuals, including depression and anxiety, substance abuse, chronic and... 2021  
Raymond Cross American Indian Education: the Terror of History and the Nation's Debt to the Indian Peoples 21 University of Arkansas at Little Rock Law Review 941 (Summer, 1999) With an education, you become the White man's equal. Without it you remain his victim.- Crow Chief, Plenty Coups When God wanted to create the world, the conservative angels, with tears in their eyes, shouted to him, Lord, do not destroy chaos'. - Monsieur de Mere American Indian education, like the dismal state of the weather in Mark Twain's; Search Snippet: ...of American Indian education in the 1990's: over 10% of Indian children are not enrolled in any school; over 75% of Indian children are at least one grade behind in school; a disproportionate number of Indian children are diagnosed as having emotional disorders or are enrolled in... 1999  
Margaret P. Moss American Indian Health Disparities: by the Sufferance of Congress? 32 Hamline Journal of Public Law and Policy 59 (Fall 2010) The sovereignty that the Indian tribes retain is of a unique and limited character. It exists only at the sufferance of Congress and is subject to complete defeasance. A seminal question for consideration in American Indian health is: To what extent has the unique political history of American Indians played a part in their health status as; Search Snippet: ...FN43] It was during this time and beyond that the Indian boarding schools were used to assimilate young children. [FN44] The Indian... 2010  
Robert D. Cooter , Wolfgang Fikentscher American Indian Law Codes: Pragmatic Law and Tribal Identity 56 American Journal of Comparative Law 29 (Winter 2008) The United States has recognized the power of American Indian tribes to make laws at least since 1934. Most tribes, however, did not write down many of their laws until the 1960s. Written laws have subsequently accumulated in well-organized codes, but scholars have not previously researched them. Using written materials and interviews with tribal; Search Snippet: ...although tribal law must harmonize with federal legislation, including the Indian Child Welfare Act, [FN46] Headstart, and other education-oriented legislation. [FN47... 2008  
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  
John Rockwell Snowden , Wayne Tyndall , David Smith American Indian Sovereignty and Naturalization: It's a Race Thing 80 Nebraska Law Review 171 (2001) I. A Sketch of Naturalization in the United States. 176 A. The Historical Background of Naturalization in the United States. 176 1. English Roots: The Theory of Natural Allegiance. 176 2. The Colonial Experience: The Theory of Volitional Allegiance Emerges. 179 3. Defining the Qualifications for Naturalization After Independence. 181 B. Current; Search Snippet: ...established by the BIA to qualify for Federal benefits. Many Indian children whose parents met and married at off-reservation inter-tribal boarding schools got left out of tribal per capita payments and... 2001  
Carole Goldberg American Indians and "Preferential" Treatment 49 UCLA Law Review 943 (April, 2002) Preferences and benefits for American Indians predate the American policy of affirmative action and flow from different rationales. Nonetheless, Indian preferences are the latest targets in the battle against affirmative action. Opponents of Indian preferences and benefits have long deployed the rhetoric of equal rights to attack treaty rights and; Search Snippet: ...outsider. For other tribes, however, the provisions for non-member Indians reflect a realistic acceptance of past federal policies that have promoted intermarriage among tribes, such as the federal boarding school policy of the nineteenth and twentieth centuries. [FN104] In... 2002  
Robert Odawi Porter American Indians and the New Termination Era 16 Cornell Journal of Law & Public Policy 473 (Summer 2007) INTRODUCTION. 473 I. THE TRENDS. 477 II. THE OPPORTUNITIES. 484 III. ARE WE BEING SET UP?. 487 CONCLUSION. 492; Search Snippet: ...NIGC%20Uploads/Tribal%20Data/tribalgamingrevenues05.pdf. . See Russell Thornton, American Indian Holocaust and Survival (1987); David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience, 1875-1928 (1995). . See Joy A. Bilharz... 2007  
Matt Reynolds AMERICA'S LOST CHILDREN 108-JUL ABA Journal 42 (June/July, 2022) When researchers began the painstaking work of identifying Indigenous children who died at the Genoa U.S. Indian Industrial School in Nebraska, they kept making chilling discoveries. Although old newspaper clippings, student newsletters and death records revealed students had died of flu, complications from tuberculosis, measles, polio and... 2022  
Hannah Stambaugh America's Quiet Legacy of Native American Voter Disenfranchisement: Prospects for Change in North Dakota after Brakebill V. Jaeger 69 American University Law Review 295 (October, 2019) In 2013, North Dakota passed one of the country's most restrictive voter ID laws. This law requires voters to present a photo ID containing a residential street address to vote and does not contain any fail-safe mechanisms to allow voting without a qualifying ID. The North Dakota law was part of a wave of new, restrictive voter ID laws passed; Search Snippet: ...For example, from 1860 through the passage of the 1978 Indian Child Welfare Act, the federal government commonly forced Native American youth to attend federally-operated Indian boarding schools. [FN48] These schools existed to assimilate Native American youth... 2019  
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  
Chante Westmoreland An Analysis of the Lack of Protection for Intangible Tribal Cultural Property in the Digital Age 106 California Law Review 959 (June, 2018) This Note analyzes how the current push for digitization of library and museum collections exacerbates the infringement and appropriation of intangible tribal cultural property and how current statutory schemes fail to adequately protect such property. Cultural property includes any sacred traditional knowledge essential to tribal ways of life and; Search Snippet: a Tool for Cultural Protection: The Example of The Indian Child Welfare Act 978 3. Inadequacy of Existing Tangible Cultural Property... 2018  
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 Child Welfare
Gerald L. “Jerry” Brown, ; Reeve Love, ; and Bradley Scott An Historical Overview of Indian Education and Four Generations of Desegregation 2 Journal of Gender, Race and Justice 407 (Spring 1999) From time immemorial, indigenous people of this country have established their own educational system in accordance with their cultural ways. Today several hundred Indian nations still exist in the United States. It is important to start with that backdrop in examining the issues discussed in this article. This article will present an historical; Search Snippet: ...the purpose of Indian education, or the mainstream education of Indian children, was to de-Indianize the children. [FN17] Boarding schools were developed, the most famous of which is probably Carlisle Indian School. [FN18] One assimilation strategy was to take children from... 1999  
David Wilkins An Inquiry into Indigenous Political Participation: Implications for Tribal Sovereignty 9-SUM Kansas Journal of Law & Public Policy 732 (Summer, 2000) When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to-tribal, state, and federal-we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only; Search Snippet: ...A number of issues were addressed including taxation, education, appropriations, Indian child welfare, senior citizens, environmental issues and especially Indian gaming. But... 2000  
Christine Basic (Fall 2003) An Overview of the Indian Child Welfare Act of 1978 16 Journal of Contemporary Legal Issues 345 (2007) Here I walk the road of beauty with my little one as we wear beautiful, beaded moccasins. Let the sunrays be on us, among the carpeted colors of flowers. My child and I will be recognized by our little tiny friends--animals, birds, and butterflies. My child and I will touch the clear water of coolness in the stream as we live. Ha ho ya tahey. My; Search Snippet: ...Part Four: Termination of Parental Rights AN OVERVIEW OF THE INDIAN CHILD WELFARE ACT OF 1978 Christine Basic (Fall 2003) Copyright ©... 2007 Child Welfare
Rita Sabina Mandosa Another Promise Broken 40 Federal Bar News and Journal 109 (February, 1993) We still need our line of warriors, but now they've got to be legal warriors. That's the war now, and it's the only way we're going to survive. Tiger O'Rourke Yurok Indian The American Indian Religious Freedom Act of 1978 (AIRFA) signaled an awakening of the national conscience to its long history of indifference, ignorance, and often violent; Search Snippet: ...essential for cultural survival. The well documented killings of friendly natives and of their buffalo, the land steals, the violated treaties, the forcible removal of Indian children to boarding schools for assimilation (i.e., conversion) all form the basis for... 1993  
Kevin Heiner Are You My Father? Adopting a Federal Standard for Acknowledging or Establishing Paternity in State Court Icwa Proceedings 117 Columbia Law Review 2151 (December, 2017) This Note analyzes the difficulty that courts have in determining whether nonmarital fathers of Native American children are parents within the meaning of the Indian Child Welfare Act of 1978 (ICWA). Part I recounts the history leading to the enactment of ICWA and provides an overview of the subsequent interpretation of ICWA by the Supreme Court,; Search Snippet: ...Native American children are parents within the meaning of the Indian Child Welfare Act of 1978 (ICWA). Part I recounts the history... 2017  
Elizabeth Newland AROUND THE WORLD: INDIGENOUS CHILDREN IN CANADA'S FOSTER CARE SYSTEM: BILL C-92 AND THE IMPORTANCE OF CULTURAL IDENTITY 42 Children's Legal Rights Journal 59 (2021) This article addresses the historical colonization of Indigenous people in Canada and how this is continued through the Canadian child welfare system. It will examine the history of colonialism of Indigenous children in Canada, specifically through the creation of residential schools, the increase of Indigenous children in foster care through the... 2021  
Carly Minsky AROUND THE WORLD: RECENT CHANGES TO INDIGENOUS CHILD WELFARE IN CANADA 41 Children's Legal Rights Journal 79 (2021) Like the United States, Canada has a long and checkered history with Indigenous peoples. Much of this history between the Indigenous peoples and the Canadian government centered around the government's attempt to civilize the Indigenous peoples according to European standards. One way in which both nations sought to decimate tribes of Indigenous... 2021 Child Welfare
Natsu Taylor Saito Asserting Plenary Power over the "Other": Indians, Immigrants, Colonial Subjects, and Why U.s. Jurisprudence Needs to Incorporate International Law 20 Yale Law and Policy Review 427 (2002) I. Human Rights and the Contradictions Within U.S. Law. 427 II. Origins of the Plenary Power Doctrine: The 19th Century Cases. 433 A. Immigrants. 434 B. Indian Nations. 437 C. External Colonies. 443 III. Plenary Power Today: The Doctrine and the Destruction. 447 A. Immigrants. 447 B. Indian Nations. 451 C. External Colonies. 455 IV. The Inadequacy; Search Snippet: ...genocidal and ecocidal policies of almost unimaginable proportions. Generations of Indian children have been forcibly removed from their families and imprisoned in boarding schools where they were stripped of their culture, traumatized, and... 2002  
Ruthann Robson Assimilation, Marriage, and Lesbian Liberation 75 Temple Law Review 709 (Winter 2002) I. Introduction. 710 II. Assimilation and Legal Culture. 712 A. The Dominant and Idealized Group. 715 B. The Coercive Nature of Assimilation. 717 C. The Constitutional Interests of Equality. 719 D. Both Assimilation and Anti-Assimilation Can Be Repressive. 722 E. Segregation and Separatism. 725 F. The Disagreement Within Communities. 727 III; Search Snippet: ...first occurred through explicit policies administered by the Bureau of Indian Affairs, which forced Native children to attend boarding schools for eight years, during which time the children were not permitted to speak their native language, wear native clothes or keep their hair long. [FN64] State welfare agencies... 2002  
Addie C. Rolnick ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION 11 Columbia Journal of Race and Law 811 (July, 2021) A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... 2021  
Natsu Taylor Saito At the Heart of the Law: Remedies for Massive Wrongs 27 Review of Litigation 281 (Winter 2008) I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300; Search Snippet: ...FN65] to outlaw spiritual and cultural practices; [FN66] to strip Indian children of the connections to their families, communities and traditions in... 2008  
James T. Campbell AURELIUS'S ARTICLE III REVISIONISM: REIMAGINING JUDICIAL ENGAGEMENT WITH THE INSULAR CASES AND "THE LAW OF THE TERRITORIES" 131 Yale Law Journal 2542 (June, 2022) The Supreme Court's unanimous decision upholding the appointments structure of Puerto Rico's controversial Financial Oversight and Management Board in FOMB v. Aurelius has, to date, yielded commentary fixated on what the Justices did not say. The bulk of that commentary criticizes the Court for declining to square up to and overturn the Insular... 2022  
J.D. Cooley Baby Girl's Fate: Adoptive Couple V. Baby Girl - Placing a Child's Chosen Parental Path in the Hands of the United States Supreme Court 8 Southern Journal of Policy and Justice 99 (Spring 2014) Imagine the following scenario: A young couple anxiously await the arrival of their baby girl. She may not be their child biologically, but they will love her all the same. The young couple has gone through all of the red tape and jumped through every legal and procedural hoop. They have even begun to purchase the things their baby girl will need; Search Snippet: ...The law at the center of this case is the Indian Child Welfare Act (ICWA). [FN23] Enacted in 1978, ICWA is a federal law that aims to keep American Indian children with American Indian families. [FN24] ICWA also sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of, or eligible for membership in... 2014  
Shannon M. Morris Baby Veronica Ruling: Implications for the Indian Child Welfare Act in Indian Child Removals and Adoptions to Non-indian Custodians 72 National Lawyers Guild Review Rev. 1 (Spring, 2015) Let us put our minds together and see what life we can make for our children. --Chief Sitting Bull In 1978, the Indian Child Welfare Act (ICWA) was enacted to prevent the biased treatment of Indian children and families by public and non-Indian private child welfare systems. The assimilation policies of the 1950s and 1960s were all designed to; Search Snippet: ...Guild Review Spring, 2015 BABY VERONICA RULING: IMPLICATIONS FOR THE INDIAN CHILD WELFARE ACT IN INDIAN CHILD REMOVALS AND ADOPTIONS TO NON-INDIAN CUSTODIANS Shannon M. Morris... 2015 Child Welfare
Nicole Russo BACK TO BASICS: THE SUPREME COURT'S RETURN TO FUNDAMENTAL PRINCIPLES OF FEDERAL INDIAN LAW IN MCGIRT v. OKLAHOMA AHEAD OF EQUAL PROTECTION CHALLENGE TO THE INDIAN CHILD WELFARE ACT OF 1978 55 Suffolk University Law Review 123 (2022) [T]he Supreme Court has been inattentive, flippant, and disrespectful of Indian rights, and has seen its task as one of finding arguments that will make actions by the other two branches appear legal. Many doctrines' have emerged over the course of 170 years of hearing Indian cases, but the various courts have felt no compulsion to follow... 2022 Child Welfare
Annette R. Appell Bad Mothers and Spanish-speaking Caregivers 7 Nevada Law Journal 759 (Summer 2007) Children are an essential but often overlooked bounty in the regulation of race, culture, and rights. The role of children in perpetuating and enriching culture, moral value, and political power is surprisingly under-theorized in the critical literature. Indeed, there is very little discussion about child welfare in civil rights and critical race; Search Snippet: ...Native Americans Beginning in colonial times, missionaries undertook to educate Indian children into Anglo, Christian ways. [FN7] By the early 1800s, the... 2007  
Angelique Townsend Eaglewoman (Wambdi A. Wastewin ) Balancing Between Two Worlds: a Dakota Woman's Reflections on Being a Law Professor 29 Berkeley Journal of Gender, Law & Justice 250 (Summer 2014) There were many paths I considered as a young woman and none of them included becoming a law professor. My journey to my present life as a Dakota woman law professor is about balancing between the worlds I travel back and forth in. There is my tribal world, where I feel replenished and part of an on-going community experience stretching back to; Search Snippet: ...programs such as the Johnson O'Malley [FN4] education program for Indian children in public school systems, and later directly through my tribal... 2014  
Joshua Santangelo BANKRUPTING TRIBES: AN EXAMINATION OF TRIBAL SOVEREIGN IMMUNITY AS REPARATION IN THE CONTEXT OF SECTION 106(A) 37 Emory Bankruptcy Developments Journal 325 (2021) This Comment concerns section 106(a) of the Bankruptcy Code, which abrogates sovereign immunity of a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government. A circuit split exists as to whether this section applies to Native Nations. The Sixth Circuit interpreted this section to... 2021  
Lloyd Burton ; and David Ruppert Bear's Lodge or Devils Tower: Inter-cultural Relations, Legal Pluralism, and the Management of Sacred Sites on Public Lands 8 Cornell Journal of Law & Public Policy 201 (Winter 1999) Seven young girls strayed from camp and were chased by bears. As the bears were about to catch them they sought refuge on a low rock about three feet in height. One girl prayed for the rock to take pity on them. As a result the rock began to grow skyward pushing the girls out of reach of the bears. The bears jumped and scratched at the rock [giving; Search Snippet: ...federal effort to obliterate tribal culture altogether. The government sent Indian children to English-only boarding schools many miles from home and family, and prohibited, under... 1999  
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  
Katie L. Gojevic Benefit or Burden?: Brackeen V. Zinke and the Constitutionality of the Indian Child Welfare Act 68 Buffalo Law Review 247 (January, 2020) Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian traditions and, in general, their entire Indian way of life is smothered . [Agencies] strike at the heart of Indian communities by literally stealing Indian children. This course can only weaken rather than strengthen the Indian; Search Snippet: ...OR BURDEN?: BRACKEEN v. ZINKE AND THE CONSTITUTIONALITY OF THE INDIAN CHILD WELFARE ACT Katie L. Gojevic Copyright © 2020 by Buffalo Law Review; Katie L. Gojevic Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian... 2020 Child Welfare
Glennas'ba Augborne Arents , April E. Olson BENT, BUT NOT BROKEN 57-AUG Arizona Attorney 62 (July/August, 2021) There is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to. --Judge James Dennis, Brackeen v. Haaland On April 6, 2021, after waiting 14 months to learn whether the Indian Child Welfare Act (ICWA) would survive, the United... 2021  
Lisa L. Atkinson Best Interest of the Child 58 Judges' Journal J. 6 (Winter, 2019) A great general has said that the only good Indian is a dead one, and that high sanction of his destruction has been an enormous factor in promoting Indian massacres. In a sense, I agree with the sentiment, hut only in this: that all the Indian there is in the race should be dead. Kill the Indian in him, and save the man. --Carlisle Indian School; Search Snippet: ...and that we have a direct interest in protecting our Indian children who are members of, eligible for membership, or descendants of... 2019  
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  
Amy Reavis BETTER TOGETHER: TOWARD ENDING STATE REMOVAL OF SUBSTANCE-EXPOSED NEWBORNS FROM THEIR PARENTS 46 New York University Review of Law and Social Change 362 (2022) The United States' child welfare system has long been an emperor with no clothes. The stated mission of the federal Children's Bureau is to strengthen families, prevent child abuse and neglect, and ensure permanency for children. This mission is impossible to critique in the abstract. But the reality is that this behemoth of a system--operating... 2022  
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  
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: 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  
Lara Roetzel , Tifanie Petro , Erica Ramstad Beyond the Cages: Sex Trafficking in South Dakota 64 South Dakota Law Review 346 (2019) In each state and country, sex trafficking looks different. In South Dakota, a state of approximately 885,000 people, sex trafficking looks especially unique because the population is dispersed across small, rural communities. The state is also home to nine Native American reservations and five of the poorest counties in the nation, where; Search Snippet: sex trafficking. [FN81] The trafficking and sexual abuse of Native Americans in South Dakota can be traced back to Indian boarding schools scattered throughout the state in the 1900s after children... 2019  
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  
Bethany R. Berger Birthright Citizenship on Trial: Elk V. Wilkins and United States V. Wong Kim Ark 37 Cardozo Law Review 1185 (April, 2016) In the summer of 2015, the majority of Republican candidates for president announced their opposition to birthright citizenship. The constitutional dimensions of that right revolve around two cases decided at the end of the nineteenth century, Elk v. Wilkins (1884) and United States v. Wong Kim Ark (1898). The first held that an American Indian man; Search Snippet: ...of individualism and freedom. [FN25] In the name of freeing Indians from the shackles of tribalism, federal officials governed the minutiae of reservation life, charting how many Indians wore citizen's dress and how many acres they farmed, [FN26] and removed Indian children to boarding schools, circulating photographs showing their transformation from savagery to civilization... 2016  
Sonia M. Gipson Rankin Black Kinship Circles in the 21 Century: Survey of Recent Child Welfare Reforms and How it Impacts Black Kinship Care Families 12 Whittier Journal of Child and Family Advocacy 1 (Spring, 2013) The Black American community has been celebrated for the historical success of kinship care. Children not living with biological parents are enveloped by relatives, friends, and community members in order to create a resilient people often reared in the harshest of American socio-economic conditions. Our federal government, states, and communities; Search Snippet: ...plays in the development of a child would be the Indian Child Welfare Act of 1978 ( 25 U.S.C. §§ 1901 1963 (1978... 2013 Child Welfare
Craig J. Dorsay , Partner, Dorsay & Easton LLP Blood Quantum Issues and Other Challenges for Tribal Attorneys and Their Clients 2013 Aspatore 5293044 (October, 2013) The Indian Self-Determination Education Assistance Act of 1975 (ISDEAA) essentially crystallized a requirement that tribes have formal membership regulations to receive federal benefits/services. Before that time, the provision of federal services was not dependent upon tribes being federally recognized. For example, the members of one of the; Search Snippet: ...Advisory Council, in Washington, under state rules, and the Local Indian Child Welfare Advisory Committee (LICWAC). Also, the Indian Child Welfare Act of 1978 has a couple of provisions that... 2013  
Patrice H. Kunesh Borders Beyond Borders -- Protecting Essential Tribal Relations off Reservation under the Indian Child Welfare Act 42 New England Law Review 15 (Fall 2007) Abstract: The year 2008 marks the thirtieth anniversary of the enactment of the Indian Child Welfare Act (ICWA), one of the most dynamic pieces of legislation in the field of federal Indian affairs, which irrevocably changed the traditional jurisdictional prerogatives of states in child custody matters. ICWA's jurisdictional scheme vests exclusive; Search Snippet: ...BEYOND BORDERS -- PROTECTING ESSENTIAL TRIBAL RELATIONS OFF RESERVATION UNDER THE INDIAN CHILD WELFARE ACT Patrice H. Kunesh [FNa1] Copyright (c) 2007 New... 2007 Child Welfare
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  
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