Angela R. Hoeft Coming Full Circle: American Indian Treaty Litigation from an International Human Rights Perspective 14 Law & Inequality: A Journal of Theory and Practice 203 (December, 1995) L1-2Table of Contents Introduction. 204 I. From Sovereignty to Self-Determination. 209 A. The American Story. 209 1. Tribal Sovereignty: A Judicial Doctrine. 209 2. Tribal Self-Determination: A Federal Policy. 215 B. The International Story. 219 1. Self-Determination: From a Right of Nations to a Human Right 219 2. Self-Determination: A Right of; Search Snippet: ...for engaging in traditional religious practices. [FN58] Federal agents removed Indian children from their homes and placed them in boarding schools where they were often forced to adopt Christian religions... 1995
Nell Jessup Newton Memory and Misrepresentation: Representing Crazy Horse 27 Connecticut Law Review 1003 (Summer 1995) A grievance widely shared by many Indian people in the United States is the commercial appropriation of Indian names, images, stories, religious practices, and patterns. Seth Big Crow has invoked the Rosebud Sioux Tribal legal process to oppose one such practice, the marketing of a malt liquor named after his grandfather, a revered Lakota figure; Search Snippet: ...denominations with control over education on specific reservations; conversion of Indian children to Christianity was seen as a first step to assimilation. [FN118] Toward the end of the nineteenth century, Indian boarding schools were preferred. Youngsters would be taken by force, if... 1995
Mary Christina Wood Protecting the Attributes of Native Sovereignty: a New Trust Paradigm for Federal Actions Affecting Tribal Lands and Resources 1995 Utah Law Review 109 (1995) I. Introduction. 111 II. Methodology for Establishing Standards of Fiduciary Care in the Indian Trust Context. 113 A. The Beacon of Fiduciary Obligation: The Best Interest Standard. 114 1. Applicability of Private Fiduciary Standards. 114 2. Statutory Standards as Substitutes for Fiduciary Obligations. 117 3. Constitutional Standards. 121 B. The; Search Snippet: ...FN494] During this period, the government directly and brutally suppressed native religious activity on the reservations, [FN495] fueled Christian evangelical efforts in Indian Country, [FN496] and forcibly removed Indian children from their reservations to offreservation boarding schools. [FN497] While these federal efforts to eradicate native religion... 1995
Rayanne J. Griffin Sacred Site Protection Against a Backdrop of Religious Intolerance 31 Tulsa Law Journal 395 (Winter 1995) No chapter in human history has been so largely written in terms of persecution and intolerance as the one dealing with religious freedom. From ancient times to the present day, the ingenuity of man has known no limits in its ability to forge weapons of oppression for use against those who dare to express or practice unorthodox religious beliefs. ; Search Snippet: ...went as far as to promote the separation of young Indian children from their parents and traditional culture through the federal boarding school system. Id. at 2. . Walter Echo-Hawk, Loopholes... 1995
Tadd M. Johnson , James Hamilton Self-governance for Indian Tribes: from Paternalism to Empowerment 27 Connecticut Law Review 1251 (Summer 1995) This Article identifies a fundamental shift in the relationship between the federal government and American Indians heralded by the passage of the Tribal Self Governance Act. This law is an evolutionary response to the historic tension between the two main tenets of federal Indian law--Tribal Sovereignty and Federal Trust Responsibility. This; Search Snippet: self-govern. Perhaps the most pernicious attempt at civilizing Indians were the Indian boarding schools. Indian children were expropriated from their homes and families to be educated... 1995
Debra Dumontier-Pierre The Indian Child Welfare Act of 1978: a Montana Analysis 56 Montana Law Review 505 (Summer 1995) In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian families and to give Indian tribes a substantial role in matters concerning custody of Indian children. Through ICWA, Congress declared a national policy to keep Indian children with their families, to defer to tribal jurisdiction in child; Search Snippet: ...591898 MONTANA LAW REVIEW Montana Law Review Summer 1995 THE INDIAN CHILD WELFARE ACT OF 1978: A MONTANA ANALYSIS Debra Dumontier-Pierre Copyright (c) 1995 Montana Law Review; Debra Dumontier-Pierre Indian Children Once Young Forever Indian [FN1] I. INTRODUCTION In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to prevent the unwarranted breakup of Indian... 1995
Richard Monette, James M. Grijalva, P.S. Deloria, Judith V. Royster, Rebecca Tsosie Treating Tribes as States under the Clean Water Act: the Good and the Bad 71 North Dakota Law Review 497 (1995) MR. MONETTE: Good morning. Nice to see you all again. We have a slight change in the panel, as you can see. Let me just first mention that John Harbison has, I understand, taken ill and probably won't be with us today. So he could probably use some of our good thoughts. And Sam Deloria will sit in his place to help respond. Our topic is, as you can; Search Snippet: ...are dealing with Indian Gaming Acts, Indian Civil Rights Acts, Indian Child Welfare Acts, their sovereign spheres are overlapping with the U.S... 1995
Erik W. Aamot-Snapp When Judicial Flexibility Becomes Abuse of Discretion: Eliminating the "Good Cause" Exception in Indian Child Welfare Act Adoptive Placements 79 Minnesota Law Review 1167 (May, 1995) When the power [to grant an adoption] is used to remove an Indian child from the surrounding most likely to connect that child with his or her cultural heritage, that decision unintentionally continues the gradual genocide of the Indians in America. Congress passed the Indian Child Welfare Act of 1978 (ICWA) to stop the mass removal of Native; Search Snippet: ...BECOMES ABUSE OF DISCRETION: ELIMINATING THE GOOD CAUSE EXCEPTION IN INDIAN CHILD WELFARE ACT ADOPTIVE PLACEMENTS Erik W. Aamot-Snapp Copyright ©... 1995
Elizabeth Mertz A New Social Constructionism for Sociolegal Studies 28 Law and Society Review 1243 (1994) In this essay I make a case for what I call a moderate and also an empirically grounded social constructionist approach, which I conceptualize as a further development of numerous strands of a longstanding and rich tradition. I argue that this approach, one I see as emergent now in cross-disciplinary work like that presented in this Symposium,; Search Snippet: ...had unintended effects. Thus when the government encouraged off-reservation boarding schools for Indian children, a move designed to hasten assimilation, an unexpected by-product... 1994
Nell Jessup Newton Compensation, Reparations, & Restitution: Indian Property Claims in the United States 28 Georgia Law Review 453 (Winter 1994) Calls for restitution in Eastern Europe present legal scholars in the United States with an opportunity to reexamine the legal and moral justifications for laws of property distribution in general and laws permitting confiscation and mandating restitution in particular. Western legal and constitutional theory accepts that government may take; Search Snippet: ...Captain Pratt was the founder and superintendent of the Carlisle Indian School, a boarding school for Indian children. Id. at 260. . II Prucha, supra note , at 631... 1994
The Honorable Robert Yazzie Life Comes from It: Navajo Justice Concepts 24 New Mexico Law Review 175 (Spring, 1994) Navajo justice is unique, because it is the product of the experience of the Navajo People. Prior to contact with European cultures, Navajos developed their ways of approaching life through many centuries of dealing with obstacles to their survival. Likewise, Navajo concepts of justice are a product of the experience we have gained from dealing; Search Snippet: ...European thought. I am a product of a Bureau of Indian Affairs (BIA) boarding school education which was so destructive of the Navajo culture... 1994
Carole Goldberg-Ambrose Of Native Americans and Tribal Members: the Impact of Law on Indian Group Life 28 Law and Society Review 1123 (1994) Law has influenced the shape of Indian group life by providing economic or political incentives for groups to organize along particular lines, by forcing groups into closer proximity with one another or separating them, and by creating an official vocabulary for the discussion of group life. The most striking effect of law has been to focus the; Search Snippet: ...regulation (Clean Air Act), gaming (Indian Gaming Regulatory Act), and Indian child welfare ( Indian Child Welfare Act). But these supportive actions have occurred within carefully... 1994
Rebecca Tsosie Separate Sovereigns, Civil Rights, and the Sacred Text: the Legacy of Justice Thurgood Marshall's Indian Law Jurisprudence 26 Arizona State Law Journal 495 (Summer, 1994) When Justice Thurgood Marshall stepped down from the Supreme Court, many people mourned the loss of his vision of equality, civil rights, and justice. Marshall's vision lives on in his opinions, however, providing a legacy for future courts grappling with difficult issues such as sovereignty, civil rights, federalism, and individual liberty; Search Snippet: citizenship for other Americans. Even after the 1924 Act, Indians were considered to be wards of the federal government, and the government, through its plenary power over Indians, could take their property rights, limit their rights to religious freedom, and forcibly remove their children to boarding schools, all for their own good. [FN191] Although the overt... 1994
Catherine M. Brooks The Indian Child Welfare Act in Nebraska: Fifteen Years, a Foundation for the Future 27 Creighton Law Review 661 (1993-1994) This is not a cheerful book, but history has a way of intruding upon the present, and perhaps those who read it will have a clearer understanding of what the American Indian is, by knowing what he was. They may be surprised to hear words of gentle reasonableness coming from the mouths of Indians stereotyped in the American myth as ruthless savages; Search Snippet: ...532435 CREIGHTON LAW REVIEW Creighton Law Review 1993-1994 THE INDIAN CHILD WELFARE ACT IN NEBRASKA: FIFTEEN YEARS, A FOUNDATION FOR THE... 1994
Michael J. Simpson Accommodating Indian Religions: the Proposed 1993 Amendment to the American Indian Religious Freedom Act 54 Montana Law Review 19 (Winter, 1993) In two cases decided in 1988 and 1990, Lyng v. Northwest Indian Cemetery Protective Ass'n and Employment Division of Oregon v. Smith, the United States Supreme Court severely restricted the protective scope of the free exercise clause of the First Amendment to the United States Constitution. In Lyng and Smith, the Court overruled more than; Search Snippet: ...penalties are provided. [FN50] Additionally, in an effort to destroy Indian culture, the federal government took Indian children from their parents and sent them far away to boarding schools for as long as eight years, during which time... 1993
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
Ivy N. Voss In the Best Interest: the Adoption of F.h., an Indian Child 8 BYU Journal of Public Law 151 (January, 1993) The competing interests of biological parents, adoptive parents, extended family, child welfare agencies, and the children themselves make adoption difficult under any circumstances. Even when all parties enter into the adoption intending to provide a secure home for the child there may be genuline, conflicting values and disagreement as to what; Search Snippet: ...Comments IN THE BEST INTEREST: THE ADOPTION OF F.H., AN INDIAN CHILD Ivy N. Voss Copyright (c) 1993 by the Brigham Young... 1993
Alison McKinney Brown Native American Education: a System in Need of Reform 2-SPG Kansas Journal of Law & Public Policy 105 (Spring, 1993) The high school dropout rate for American Indians--estimated nationally at 45% to 50% but as high as 85% in the most depressed areas--is the worst such record of any major ethnicminority group. College-bound American Indian students continue to score significantly lower than average on both the math and verbal portions of the Scholastic Aptitude; Search Snippet: ...high school. [FN3] These statistics show that for many American Indian children, traditional educational methods are less effective than they are for... 1993
Isabella Timmermans Native American Self-determination as Affected by Educational Funding and its Sources 29 Idaho Law Review 185 (1992/1993) I. INTRODUCTION II. PROBLEMS LEADING TO THE EMERGENCE OF THE IDEAL OF SELF-DETERMINATION AS FEDERAL POLICY A. The Existence of Federal Trust Obligations to Educate Native Americans B. Examples of Federal Doctrines and Policies and Their Impact on Native American Life 1. Negative Policies and Impacts a. Termination Act b. General Allotment Act c; Search Snippet: ...rise to a legally enforceable federal obligation to assure that Indian children are provided an equal educational opportunity by either the state... 1993
Robert N. Clinton Redressing the Legacy of Conquest: a Vision Quest for a Decolonized Federal Indian Law 46 Arkansas Law Review 77 (1993) [T]o most twentieth century Americans, the legacy of slavery was serious business, the legacy of conquest was not. Patricia Limerick As the nation celebrates the quintcentenary of the Columbus invasion of America, reconsideration is in order of the role law played in the Indian Holocaust that followed. From the time of first contact between the; Search Snippet: ...Similarly, during this period, the BIA set up the infamous boarding schools designed to remove Indian children from what bureaucrats saw as the corrupting tribal influences of the reservation. At these boarding schools, Indian children were forbidden to speak their tribal languages, to wear traditional... 1993
Kim Laree Schnuelle When the Bough Breaks: Federal and Washington State Indian Child Welfare Law and its Application 17 University of Puget Sound Law Review 101 (Fall, 1993) Stealing our future as a people is one of the greatest crimes the white man has ever devised. He justifies it with the fact that the Indian is a pagan, a believer in the preservation of nature, a non-user of mineral resources, a non-destroyer of the land and a family man . the white man has used progress as an excuse to conquer and own all,; Search Snippet: ...Fall, 1993 WHEN THE BOUGH BREAKS: FEDERAL AND WASHINGTON STATE INDIAN CHILD WELFARE LAW AND ITS APPLICATION Kim Laree Schnuelle [FNa] Copyright... 1993
Carol Schmid Language Rights and the Legal Status of English-only Laws in the Public and Private Sector 20 North Carolina Central Law Journal 65 (1992) The recent English-only movement has produced state resolutions, statutes, and constitutional amendments establishing English as the official language. English-only rules are intended to eliminate governmental services in languages other than English. In the workplace, English-only rules require employees to refrain from speaking languages other; Search Snippet: ...English. Beginning in the 1870s, the U.S. government began forcing Indian children into boarding schools and punishing them for using their own dialects. [FN21... 1992
Lynn Klicker Uthe The Best Interests of Indian Children in Minnesota 17 American Indian Law Review 237 (1992) The above statement by Chief Jake Swamp describes concerns that are particular to indigenous peoples such as native Americans (Indians). Although many laws still do not adequately address their concerns, some United States legislation protects and preserves Indian cultures. One such legislative measure is the Indian Child Welfare Act of 1978; Search Snippet: ...American Indian Law Review 1992 Note THE BEST INTERESTS OF INDIAN CHILDREN IN MINNESOTA Lynn Klicker Uthe [FNa1] Copyright (c) 1992 by... 1992
John Robert Renner The Indian Child Welfare Act and Equal Protection Limitations on the Federal Power over Indian Affairs 17 American Indian Law Review 129 (1992) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to congressional committee findings that state courts were removing an unwarranted proportion of Indian children from their families and placing the children in non-Indian environments. The ICWA attempts to remedy the problem by creating exclusive tribal jurisdiction over all; Search Snippet: ...INDIAN LAW REVIEW American Indian Law Review 1992 Comments THE INDIAN CHILD WELFARE ACT AND EQUAL PROTECTION LIMITATIONS ON THE FEDERAL POWER... 1992
John E. Silverman The Miner's Canary: Tribal Control of American Indian Education and the First Amendment 19 Fordham Urban Law Journal 1019 (Summer, 1992) Since the arrival of Columbus 500 years ago, Native Americans have endured massacres and intolerance, racism and rapacity, altruism and benign neglect. Federal policy originally favored the repression of Indian religious practices because religion was an indivisible part of the native cultures that the American government sought to stamp out; Search Snippet: ...Native Americans. Part III examines the paramount tribal interest in Indian children and the attendant First Amendment issues which lie at the... 1992
Kevin J. Worthen Sword or Shield: the past and Future Impact of Western Legal Thought on American Indian Sovereignty 104 Harvard Law Review 1372 (April, 1991) [American Indian tribes'] rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle that discovery gave exclusive title to those who made it. Chief Justice Marshall's explanation of the; Search Snippet: ...Indian religious practices and traditional forms of government, separation of Indian children from their homes, wholesale spoilation of treaty-guaranteed resources, forced... 1991
Charles F. Wilkinson To Feel the Summer in the Spring: the Treaty Fishing Rights of the Wisconsin Chippewa 1991 Wisconsin Law Review 375 (1991) In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a; Search Snippet: ...Nebraska; peyote in Utah and New Mexico; custody of young Indian children in Montana and Illinois; land title in Maine and New... 1991
Sharon O'Brien Tribes and Indians: with Whom Does the United States Maintain a Relationship? 66 Notre Dame Law Review 1461 (1991) Federal Indian itself law is a mythical creature because it is composed of badly written, vaguely phrased and ill-considered federal statutes; hundreds of self-serving Solicitor's Opinions and regulations; and state, federal, and Supreme Court decisions which bear little relationship to rational thought and contain a fictional view of American; Search Snippet: ...of seven (now fourteen) major crimes on reservations. Congress established Indian boarding schools designed to kill the Indian . . . and save the man. [FN17] The Bureau of Indian Affairs... 1991
Lynn A. Kerbeshian Indians--domicile: Federal Definitions of Domicile Determines Jurisdiction under Indian Child Welfare Act 66 North Dakota Law Review 553 (1990) In December 1985, twin illegitimate children were born to enrolled members of the Mississippi Band of Choctaw Indians residing on the Choctaw Reservation. The twin babies were born approximately 200 miles from the reservation. In January 1986, the parents executed adoption consent forms in the state chancery court. Following adoption by a non-; Search Snippet: ...Comment INDIANS--DOMICILE: FEDERAL DEFINITIONS OF DOMICILE DETERMINES JURISDICTION UNDER INDIAN CHILD WELFARE ACT Lynn A. Kerbeshian Copyright 1990 by the North... 1990
Victoria Bennett Medical Examination of Aliens: a Policy with Ailments of its Own? 12 University of Arkansas at Little Rock Law Journal 739 (1989/1990) Aliens seeking entry into the United States have long been subject to examinations of one form or another to determine their fitness to enter the country. Beginning in 1891, U.S. immigration laws decreed that aliens with contagious diseases would be excluded from entry. The purpose of this law, and the laws that followed, was to protect persons in; Search Snippet: ...infected. At this point, the investigation was broadened to include Indian children in boarding schools who would not have been exposed to the foreign... 1990
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