AuthorTitleCitationSummaryYearKey Term
Alexander M. Roider THE PROMISE AT THE END OF THE TRAIL: USING MCGIRT TO CLOSE THE TRIBAL ENTERPRISE PERFORMANCE GAP 52 Public Contract Law Journal 323 (Winter, 2023) Despite being introduced in identical ways, tribal enterprises and Alaska Native Corporations have achieved vastly different outcomes in their government contracting operations. However, the Supreme Court's recent decision in McGirt v. Oklahoma may change this, handing down a potential beacon of hope to the underperforming tribal enterprises. This... 2023  
Addie C. Rolnick The Promise of Mancari: Indian Political Rights as Racial Remedy 86 New York University Law Review 958 (October, 2011) In 1974, the Supreme Court declared that an Indian employment preference was based on a political rather than racial classification. The Court's framing of Indianness as a political matter and its positioning of political and racial as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about; Search Snippet: ...United States and white cultural practices. [FN100] During this time, Indian children were also sent to federally-sponsored boarding schools designed to kill the Indian in him and save the man, [FN101] where they were... 2011  
Ian F. Tapu THE REASONABLE INDIGENOUS YOUTH STANDARD 56 Gonzaga Law Review 529 (2020/2021) C1-3Table of Contents L1-2Introduction . L3530 I. J.D.B. v. North Carolina: Opening the Door for Youth. 534 II. The Indigenous Youth Experience. 536 III. The Connection Between the Contextual Legal Framework and a Reasonable Indigenous Youth Standard. 539 IV. The Indigenous Youth Standard Already Conforms to Precedent. 541 L1-2Conclusion . L3544 2021  
Kathryn Fort THE ROAD TO BRACKEEN: DEFENDING ICWA 2013-2023 72 American University Law Review 1673 (June, 2023) From 2013 to 2023, the Indian Child Welfare Act (ICWA) was challenged in the courts more than the Affordable Care Act. This Article lays out the history of the fight over ICWA from Baby Girl to Haaland, from my perspective as a clinical professor who has been involved with every major ICWA case since 2013, as well as my observations about why ICWA... 2023 Child Welfare
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  
Russ VerSteeg THE ROLE OF LAW IN U.S. HISTORY TEXTBOOKS 71 Cleveland State Law Review 363 (2023) This Article analyzes the references to law found in three standard U.S. History textbooks: (1) Alan Brinkley, American History Connecting with the Past 745 (McGraw-Hill Educ., 15th ed. 2015); (2) Eric Foner, Give Me Liberty! An American History 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) David Goldfield et al., The American Journey: A... 2023  
Melina Angelos Healey The School-to-prison Pipeline Tragedy on Montana's American Indian Reservations 37 New York University Review of Law and Social Change 671 (2013) I. Introduction. 673 II. Foundations of the Pipeline. 674 A. The Nationwide School-to-Prison Pipeline. 674 B. Tribes and Reservations Examined in this Article. 677 III. Background and Approach. 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation. 679 B. The Utility of a Critical Race Approach to Understanding the; Search Snippet: ...III. Background and Approach 679 A. The Legacy of American Indian Boarding Schools and Educational Segregation 679 B. The Utility of a... 2013  
Sean Frazzette The Scope of Tribal Immunity in Real Property Disputes 87 University of Chicago Law Review 1605 (September, 2020) Native American tribes are sovereign nations with some degree of sovereign immunity. The exact contours of that immunity are often in flux. While the Supreme Court has established the confines of tribal immunity in cases involving torts, taxation, and contracts, it has avoided determining the doctrine's application to cases involving real property; Search Snippet: ...various sections of Title 28. . See Maggie Blackhawk, Federal Indian Law as Paradigm Within Public Law , 132 Harv L Rev... 2020  
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  
Dylan Hartsook THE SUPREME COURT OF WASHINGTON'S BROAD INTERPRETATION OF THE "REASON TO KNOW" STANDARD IN IN RE DEPENDENCY OF Z.J.G. AND WHY A UNIFORM, BROAD INTERPRETATION OF THE STANDARD WILL LEAD TO BETTER OUTCOMES 45 American Indian Law Review 387 (2021) Congress enacted the Indian Child Welfare Act of 1978 (ICWA) to remedy the widespread and disparate removal of Indian Children from their unique cultures. Around the time ICWA was enacted, a survey of sixteen states showed approximately 85 percent of all Indian children in foster care were living in non-Indian homes. ICWA provides standards for... 2021  
Dean B. Suagee The Supreme Court's "Whack-a-mole" Game Theory in Federal Indian Law, a Theory That Has No Place in the Realm of Environmental Law 7 Great Plains Natural Resources Journal 90 (Fall 2002) I. A Short Explanation of the Court's Whack-a-Mole Game Theory. 97 A. The General Proposition of Montana v. United States. 97 B. The Whack-a-Mole Line of Cases. 99 C. The 2001 Decisions. 102 1. Atkinson Trading Company, Inc. v. Shirley. 102 2. Nevada v. Hicks. 104 D. The Importance of the Sweeping Premise. 105 II. The Court's Disregard for; Search Snippet: ...the land-ownership prong of its assimilationist strategy by taking Indian children away from their homes and sending them to boarding schools. The overall consequence was a great deal of cultural... 2002  
Shawn L. Murphy The Supreme Court's Revitalization of the Dying "Existing Indian Family" Exception 46 McGeorge Law Review 629 (2014) C1-2Table of Contents I. Introduction. 630 II. Background: What is the Indian Child Welfare Act and the Existing Indian Family Exception?. 631 A. History of ICWA. 631 B. To Whom and When Does ICWA Apply?. 632 C. What Does ICWA Provide?. 633 1. ICWA as a Jurisdictional Statute. 633 2. ICWA Provides Special Protections for Indian Parents and; Search Snippet: ...of Contents I. Introduction 630 II. Background: What is the Indian Child Welfare Act and the Existing Indian Family Exception 631 A... 2014  
Charlotte Baughman, Tehra Coles, Jennifer Feinberg, Hope Newton THE SURVEILLANCE TENTACLES OF THE CHILD WELFARE SYSTEM 11 Columbia Journal of Race and Law 501 (July, 2021) The family regulation system identifies families through the use of widespread, cross-system surveillance for the purported purpose of keeping children safe. But the system does not surveil all families equally, leading to the disproportionate impact of family regulation on Black, Brown, and Native families, and fails to protect while causing more... 2021 Child Welfare
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  
Jonathan Todres , Daniela Villamizar Fink The Trauma of Trump's Family Separation and Child Detention Actions: a Children's Rights Perspective 95 Washington Law Review 377 (March, 2020) Abstract: In April 2018, the Trump Administration publicly announced a new zero-tolerance policy for illegal entries at the U.S. border. This action kicked off a wave of family separations that made headlines and drew criticism from around the globe. Despite resounding condemnation of these actions, the Trump Administration defended its family; Search Snippet: ...well-known example is the U.S. government's treatment of American Indian children and their families. As a 1978 congressional report acknowledged, The wholesale separation of Indian children from their families is perhaps the most tragic and destructive... 2020  
Amanda Rogerson The Tribal Trust and Government-to-government Consultation in a New Ecological Age 93 Oregon Law Review 771 (2015) Introduction. 772 I. Climate Impacts to Tribal Cultures. 776 II. The Federal Indian Trust Doctrine. 778 A. Origins. 778 B. The Trust as Power over American Indians. 780 C. The Trust as Responsibility for Tribes. 784 III. Government-to-Government Consultation's Fulfillment of the Trust Doctrine Today. 786 IV. Reinterpreting the Trust Doctrine to; Search Snippet: ...FN61] In the name of civilization, the federal government prohibited Indians from engaging in religious practices, encouraged missionary activity on reservations, and sent Indian children to boarding schools. [FN62] In 1885, Congress also explicitly limited tribes' control... 2015  
Richard D. Pomp The Unfulfilled Promise of the Indian Commerce Clause and State Taxation 63 Tax Lawyer 897 (Summer, 2010) I. Introduction 902 II. The Early Days 912 A. Colonial America and the Crown 912 B. The Revolutionary War and the Confederation 922 1. The Revolutionary War 922 2. Articles of Confederation 925 3. Article IX of the Articles of Confederation 927 C. Post-Revolutionary War 929 III. Birth of the Indian Commerce Clause 932 A. The Constitutional; Search Snippet: ...that the federal government had a long history of educating Indian children, [FN993] and the federal regulatory scheme was so comprehensive and... 2010  
Angela R. Riley , Adeleene M. Rockwell The United States Country Report of Special Rapporteur S. James Anaya: Reflections and Aspirations 32 Arizona Journal of International and Comparative Law 183 (2015) C1-2Table of Contents I. Introduction. 183 II. Methodology and Findings. 185 III. Looking Towards International Human Rights Law. 188 IV. Recommendations and Aspirations. 190 V. Conclusion. 192; Search Snippet: ...Immense land dispossession, combined with the mass, forced removal of Indian children into Indian boarding schools furthered the stated American mission to kill the Indian, save the man. [FN14] Through these and other assimilative efforts, collective, tribal lands were broken up. Indian children were taken from their families, deprived of their languages, their... 2015  
Neoshia R. Roemer The Violence Against Women Act of 2018: a Step in the Right Direction for Indian Children and Federal Indian Law 66-APR Federal Lawyer 52 (March/April, 2019) It is well-settled law that if a person who violates the laws of the United States is a resident of another country, that person falls within the criminal jurisdiction of the United States. Similarly, if a person crosses state lines and commits child abuse in another state, he or she falls under the jurisdiction of the state where the crime was; Search Snippet: ...ACT OF 2018: A STEP IN THE RIGHT DIRECTION FOR INDIAN CHILDREN AND FEDERAL INDIAN LAW Neoshia R. Roemer [FNa1] Copyright © 2019... 2019  
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: [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  
Barbara Atwood The Voice of the Indian Child: Strengthening the Indian Child Welfare Act Through Children's Participation 50 Arizona Law Review 127 (Spring 2008) This Article explores the potential benefits and challenges of giving more prominence to the voice of the Indian child in ICWA proceedings, a topic that has received scant attention from scholars and courts. The Act itself authorizes the appointment of counsel for children and provides that state courts may consider the child's wishes as to; Search Snippet: ...of the Arizona Law Review Article THE VOICE OF THE INDIAN CHILD: STRENGTHENING THE INDIAN CHILD WELFARE ACT THROUGH CHILDREN'S PARTICIPATION Barbara Atwood [FNa1] Copyright ©... 2008 Child Welfare
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  
Barbara A. Atwood THIRD-PARTY CUSTODY, PARENTAL LIBERTY, AND CHILDREN'S INTERESTS 43-SPG Family Advocate 48 (Spring, 2021) Two decades after Troxel v. Granville, 530 U.S. 57 (2000), the law governing third-party or nonparent contact with children is still in flux. This article explores current third-party custody law, including the evolving standards in the courts, illustrative statutory frameworks, and potential legal issues that can arise in nonparent custody... 2021  
Lori V. Quigley, Ph.D. Thomas Indian School 14 Judicial Notice 48 (2019) In the late 1800s, the United States created special boarding schools in locations all over the United States, with the purpose of civilizing American Indian youth. It was an educational experiment, one that the government hoped would change the traditions and customs of American Indians. In the past several decades, research into these boarding; Search Snippet: ...Ph.D. I n the late 1800s, the United States created special boarding schools in locations all over the United States, with the purpose of civilizing American Indian youth. It was an educational experiment, one that the government... 2019  
Katerina Silcox Thompson V. Fairfax County Department of Family Services: Determining the Best Interests of the Indian Child 10 Liberty University Law Review 141 (Fall, 2015) Children are a gift from the Lord - Psalm 127:3. Remember that your children are not your own, but are lent to you by the Creator. - Mohawk Proverb In the Virginia case of Thompson v. Fairfax County Department of Family Services, the Virginia Court of Appeals declined to recognize the so-called Existing Indian Family Exception (hereinafter; Search Snippet: ...DEPARTMENT OF FAMILY SERVICES: DETERMINING THE BEST INTERESTS OF THE INDIAN CHILD Katerina Silcox [FNd1] Copyright (c) 2015 the Liberty University Law... 2015  
Hedi Viterbo Ties of Separation: Analogy and Generational Segregation in North America, Australia, and Israel/palestine 42 Brooklyn Journal of International Law 695 (2017) Introduction. 696 I. Analogy and Generational Segregation. 700 A. Transcending Prison Through Analogies. 701 B. Generational Segregation in Israeli Custody. 704 C. Analogizing Generational Segregation. 708 II. Already Analogized. 719 III. Analogy's Frameworks. 729 A. Legalistic Analogies Concerning Generational Segregation. 730 B. Rigid; Search Snippet: ...U.S.] government reached the conclusion that successful assimilation required removing Indian children from their reservations and reeducating them away from their families and environments . For several years, Indian parents had to send their children to various off-reservation boarding schools or to specially constructed boarding schools at the periphery of the reservations . Once the children... 2017  
Garrett Epps To an Unknown God: the Hidden History of Employment Division V. Smith 30 Arizona State Law Journal 953 (Winter, 1998) I. Introduction. 956 II. The Antagonists. 959 A. Al Smith. 959 B. Galen Black. 964 C. Dave Frohnmayer. 965 III. Oregon: The Legal Background. 968 A. The Oregon Constitution. 968 B. Rajneeshpuram. 971 IV. The Eagle Feather: Black and Smith at ADAPT. 978 V. Ignorant Armies: The Early Court Cases. 985 VI. In Search of an Interest: The Oregon Appellate; Search Snippet: ...however, Smith was sent to Sacred Heart Academy, a Catholic boarding school in Klamath Falls, where he was among a minority of Native children sent there to learn American and Christian ways. [FN20... 1998  
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  
Gregory H. Bigler Traditional Jurisprudence and Protection of Our Society: a Jurisgenerative Tail 43 American Indian Law Review Rev. 1 (2018) This Article organizes thoughts from a long period of work and life exploring some of what uniquely guides traditional Euchee and Muscogee society. My participation in Euchee ceremonial life is a lens by which I view tribal, federal, and human rights law and processes. I hope to begin articulating a modern traditional Indian jurisprudence and find; Search Snippet: ...and several of their cousins. [FN64] Golaha Millie, unlike most Indians of that time, insisted the children all speak Euchee upon their return home from Indian boarding schools, regardless of them being punished for speaking it at... 2018  
Marcia Zug Traditional Problems: How Tribal Same-sex Marriage Bans Threaten Tribal Sovereignty 43 Mitchell Hamline Law Review 761 (2017) I. Introduction. 761 II. Same-Sex Marriage in Indian Country. 768 III. Tribal Sovereignty, Tradition, and Unfairness. 773 A. Interpreting Santa Clara Pueblo v. Martinez. 774 B. The Cherokee Freedmen. 777 IV. Tribal Traditions and Fairness. 783 A. Crow Dog and Tribal Justice. 784 B. Mississippi Band of Choctaw Indians v. Dollar General Corp. 787 1; Search Snippet: ...Courts 789 2. Traditions, Customs, and Bias 792 C. The Indian Child Welfare Act 795 V. The Future 797 VI. Conclusion 800... 2017  
Patrice H. Kunesh Transcending Frontiers: Indian Child Welfare in the United States 16 Boston College Third World Law Journal 17 (Winter, 1996) Let us put our minds together and see what kind of future we can build for our children. These words were spoken by Sitting Bull, a Hunkpapa Lakota leader, following his peoples' victory over the army of the United States at the Battle of Little Big Horn in 1876. In the struggle to protect the Lakota lands against colonial expansion, Sitting Bull; Search Snippet: ...Boston College Third World Law Journal Winter, 1996 TRANSCENDING FRONTIERS: INDIAN CHILD WELFARE IN THE UNITED STATES Patrice H. Kunesh [FNa] Copyright... 1996 Child Welfare
David Ray Papke Transracial Adoption in the United States: the Reflection and Reinforcement of Racial Hierarchy 15 Journal of Law and Family Studies 57 (2013) Transracial adoption strikes most as an appealing undertaking. People who have adopted a child of another race or been adopted by parents of another race are usually delighted by the results and consider themselves truly fortunate. People who have participated in a transracial adoption might even assert that their families have transcended race and; Search Snippet: ...history in the United States. The institution of white-run boarding schools for Native American children dates back to the 1800s. In the late 1800s, the Federal Bureau of Indian Affairs developed a whole network of boarding schools, in which the children were supposed to develop an... 2013  
David Ray Papke Transracial Adoption in the United States: the Reflection and Reinforcement of Racial Hierarchy 2013 Utah Law Review 1041 (2013) Transracial adoption strikes most as an appealing undertaking. People who have adopted a child of another race or been adopted by parents of another race are usually delighted by the results and consider themselves truly fortunate. People who have participated in a transracial adoption might even assert that their families have transcended race and; Search Snippet: ...history in the United States. The institution of white-run boarding schools for Native American children dates back to the 1800s. In the late 1800s, the Federal Bureau of Indian Affairs developed a whole network of boarding schools, in which the children were supposed to develop an... 2013  
Margaret Howard Transracial Adoption: Analysis of the Best Interests Standard 59 Notre Dame Law Review 503 (1984) The child placement system in the United States is governed by the best interests principle: that intervention and placement or other disposition should be carried out only to further the best interests of the affected child. This principle is sometimes stated as the standard for decisiona ruleand at other times as the goal the system is intended; Search Snippet: ...and ultimate decline [FN2] of transracial placements of black and Indian children. [FN3] After discussing the competing interests involved in transracial adoptions... 1984  
Gwen N. Westerman, PhD, Minnesota State University, Mankato Treaties Are More than a Piece of Paper: Why Words Matter 10 Albany Government Law Review 293 (2017) Minnesota is a Dakota place. The Dakota people's place in Minnesota. Is there a difference between those two statements? The first is a simple declarative sentence that identifies Minnesota. The second is a dependent phrase that locates the people in the place but is lacking context. This transformation of syntax also transforms the meaning. In; Search Snippet: ...passed that forbade Indians and whites to marry. Day schools, boarding schools, and industrial schools were built and filled with Indian children removed from the influence of their families. [FN78] My grandparents... 2017  
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  
Matthew L.M. Fletcher Tribal Consent 8 Stanford Journal of Civil Rights & Civil Liberties 45 (April, 2012) I. Tribal Consent Prior to the Modern Era of Indian Affairs (1789-1959). 55 A. The Non-Consensual Incorporation of Indian Tribes into the American Polity. 55 B. Exclusion of Indian Tribes. 57 C. Living with (and Incorporating) Indian Tribes. 64 II. Theories of Federal Control over Indian Affairs. 73 A. A Quick History of the Rise of Congressional; Search Snippet: ...original homelands. [FN121] Coupled with aggressive cultural attacks such as boarding schools, [FN122] and through immersion in large numbers of non- Indians, many of these tribal communities (mostly those in Michigan) were... 2012  
Ryan Dreveskracht Tribal Court Jurisdiction and Native Nation Economies: a Trip down the Rabbit Hole 67 National Lawyers Guild Review 65 (Summer, 2010) Lance Morgan is the chief executive officer of Ho-Chunk Inc., the economic development corporation of the Winnebago Tribe of Nebraska. In 1994 Ho-Chunk Inc. was founded using seed money from a gaming enterprise opened two years earlier in order to provide long-term economic growth to the perpetually impoverished Indian nation. In 2001 Ho-Chunk; Search Snippet: ...federal official, to kill the Indian, save the man. [FN158] Indian children were removed from home to be educated in government and church-run boarding schools throughout the United States[,] where youth were often sexually... 2010  
Robert N. Clinton Tribal Courts and the Federal Union 26 Willamette Law Review 841 (Fall, 1990) Since first contact with Euro-American society, Indian tribal communities have struggled for recognition of their political autonomy and rights with Euro-American communities that neither understood nor respected the social organization and government of tribal groups. During the sixteenth and seventeenth centuries, some Euro-Americans claimed; Search Snippet: ...umberlla of the federal union. [FN49] Indeed, the allotment program, Indian citizenship, and the forced amalgamation of sovereign Indian communities into the American polity through other means (such as coercive boarding schools [FN50] ) are best understood as particularly brutal and destructive... 1990  
Addie C. Rolnick Tribal Criminal Jurisdiction Beyond Citizenship and Blood 39 American Indian Law Review 337 (2014-2015) Introduction. 338 I. A Patchwork of Rules. 348 A. Jurisdiction Ends at the Indian. 352 B. Jurisdiction Extends to Nonmember Indians. 360 1. Duro v. Reina. 361 2. The Duro Fix. 364 C. Who Is an Indian?. 369 1. Challenges to the Duro Fix. 372 2. Federal Court Review of Tribal Jurisdiction over Unenrolled People. 376 3. Federal Jurisdiction; Search Snippet: ...Tribal Law 439, 444 (Navajo 1999) Given the United States Indian education policy of sending Indian children to boarding schools, Indians in the armed services, modern population mobility, and other factors, there are high rates of intertribal intermarriage among American Indians. id. at 447-51 (discussing history of Indians from other... 2015  
Kelly Gaines-Stoner Tribal Judicial Sovereignty: a Tireless and Tenacious Effort to Address Domestic Violence 53 Family Law Quarterly 167 (Fall, 2019) As of 2018, 573 Native American tribes were legally recognized by the Bureau of Indian Affairs (BIA) of the United States. Of the 573 tribes, 231 tribes are located in Alaska. The health and wellbeing of all Native families is in peril as Native women and their children are exposed to domestic violence and other multiple forms of violence in Indian; Search Snippet: ...colonization movement only served as an opportunity to further victimize Native women and children by diminishment in the status of women, destruction and disease, boarding schools, and learned violence. While tribal cultures vary considerably, common... 2019  
Cruz Reynoso , William C. Kidder Tribal Membership and State Law Affirmative Action Bans: Can Membership in a Federally Recognized American Indian Tribe Be a plus Factor in Admissions at Public Universities in California and Washington? 27 Chicana/o-Latina/o Law Review 29 (2008) The group at the statistical bottom of all the scales thought to measure lack of opportunity is American Indians. A line of viable Supreme Court authority holds that equal protection of the law does not require strict scrutiny of laws singling out Indians for advantage or disadvantage, when Indians is understood to mean members of federally; Search Snippet: ...the appeal court applied strict scrutiny in holding that the Indian Child Welfare Act--which directs that when a child of a... 2008  
Lauren van Schilfgaarde, Aila Hoss, Ann E. Tweedy, Sarah Deer, Stacy Leeds TRIBAL NATIONS AND ABORTION ACCESS: A PATH FORWARD 46 Harvard Journal of Law & Gender 1 (Winter, 2023) I. Introduction. 2 II. Historical Backdrop for Reproductive Autonomy. 8 III. Abortion Care in Indian Country Today. 17 A. Federal Indian Health System. 19 B. Facility Abortion Policies. 22 C. Indigenous Access to Abortion Care. 26 D. Views of Abortion Across Indian Country. 29 IV. Navigating Jurisdiction in Indian Country. 31 A. Criminal... 2023  
Angelique EagleWoman , (Wambdi A. WasteWin) Tribal Nations and Tribalist Economics: the Historical and Contemporary Impacts of Intergenerational Material Poverty and Cultural Wealth Within the United States 49 Washburn Law Journal 805 (Spring 2010) Let us put our minds together to see what we can build for our children. Itancan Tatanka Iyotaka (Chief Sitting Bull) The poor quality of life and material impoverishment that is the situation for the majority of tribal citizens within the United States is unacceptable, especially in light of the U.S. policies that have created the poverty; Search Snippet: ...of tribal government. The aftermath of the most devastating U.S. Indian policies included: removal from tribal homelands, [FN57] the kidnapping of... 2010  
Lorelei Laird Tribal Rights 101-MAY ABA Journal 15 (May, 2015) When South Dakota's Pennington County petitioned to take custody of Madonna Pappan's children, the hearing lasted slightly more than 60 seconds. Pappan and her husband were not permitted to present any evidence supporting their continued custody, according to a subsequent lawsuit. After her husband asked the judge what he was allowed to say in; Search Snippet: ...TRIBAL RIGHTS South Dakota Class Action Highlights Violations of the Indian Child Welfare Act Lorelei Laird Copyright © 2015 by the American Bar... 2015  
Geoffrey D. Strommer, Starla K. Roels, Caroline P. Mayhew Tribal Sovereign Authority and Self-regulation of Health Care Services: the Legal Framework and the Swinomish Tribe's Dental Health Program 21 Journal of Health Care Law and Policy 115 (2018) Across the United States, an important shift is taking place in the Indian health care arena. Over the past forty years, many American Indian Tribes have transitioned away from relying primarily on federal officials to provide a bare minimum in health care services to Indian people and have begun instead to develop and operate complex tribal health; Search Snippet: ...PHS reported in its 1957 Report, In 1892, Commissioner [of Indian Affairs Thomas J.] Morgan, having repeatedly exhorted Congress in the name of humanity to provide money for Indian hospitals at every agency and boarding school, described the lack of such facilities as a great... 2018  
Regina Gerhardt Tribal Sovereignty and Gaming: a Proposal to Amend the National Labor Relations Act 39 Cardozo Law Review 377 (October, 2017) C1-2Table of Contents Introduction. 378 I. Legal Background. 381 A. History of Tribal Sovereignty in the United States. 381 1. Origins of Tribal Sovereignty. 382 2. Tribal Sovereignty over Strictly Commercial Matters. 387 B. Federal Laws of General Applicability. 388 C. Impact of the Gaming Industry on Tribes and the Non-Tribal Labor Force. 390; Search Snippet: ...and responsibility to the Indian people for the education of Indian children Pevar supra note 31, at 35. See id... 2017  
Michael Doran TRIBAL SOVEREIGNTY PREEMPTED 89 Brooklyn Law Review 53 (Fall, 2023) In 1832, the US Supreme Court held in Worcester v. Georgia that the State of Georgia had no authority to exercise criminal jurisdiction over a non-Indian for conduct within the lands of the Cherokee Nation. In passages repeated many times since, the Court said that the several Indian nations [are] distinct political communities, having territorial... 2023  
Dean B. Suagee Tribal Voices in Historic Preservation: Sacred Landscapes, Cross-cultural Bridges, and Common Ground 21 Vermont Law Review 145 (Fall, 1996) C1-3TABLE OF CONTENTS Introduction 147 I. Our Stories Matter. 149 A. Our Places in American History. 150 1. Owning Up to the Legacy of Cultural Genocide. 153 2. Celebrating Our Survival and Our Differences. 157 B. The Contemporary Need for Stewardship. 160 1. Our Stories About Nature. 162 2. Values in Conflict over the Use of Land. 163 a. Bighorn; Search Snippet: ...and massacres), the federal government attacked the core values of Indian tribal cultures on several fronts: traditional religious practices were outlawed; children were taken away to boarding schools; and tribal landholdings were confiscated and converted into individual... 1996  
Rebecca Tsosie Tribalism, Constitutionalism, and Cultural Pluralism: Where Do Indigenous Peoples Fit Within Civil Society? 5 University of Pennsylvania Journal of Constitutional Law 357 (January, 2003) The effort of modern political theory to understand multiculturalism has engendered a variety of responses, depending upon the theoretical tradition (e.g., liberalism, communitarianism) and the nature of the group (e.g., immigrant groups, descendants of slaves, indigenous peoples). Contemporary political philosophers struggle with two primary; Search Snippet: ...efforts to manage differences. [FN46] The history of relations between Native people and the United States government is replete with examples of the former: the United States military campaigns against Indian nations, the forced relocation of Native groups from their traditional homelands, and the forcible assimilation of Native people through boarding school policies and Christianization. However, the United States has also... 2003  
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