| Author | Title | Citation | Summary | Year |
| 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 |
| Judith Resnik |
Dependent Sovereigns: Indian Tribes, States, and the Federal Courts |
56 University of Chicago Law Review 671 (Spring, 1989) |
Introduction I. Creating the Boundaries of Jurisprudential Thought About the Federal Courts A. A Course of Study B. Premises of the Law of Federal Courts II. The Indian Tribes' Relationship to the United States III. Reasons to Give Voice A. The Interdependencies of Norms 1. Sovereignty and Membership 2. New and Old Customs 3. Codification of; Search Snippet: ...has been the policy of the United States to encourage Indian children to live away from their homes, to go to boarding schools and to meet individuals other than those from their... |
1989 |
| Patrice Kunesh-Hartman |
The Indian Welfare Act of 1978: Protecting Essential Tribal Interests |
60 University of Colorado Law Review 131 (1989) |
The young Indian girl spoke quietly: 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 rending scene has been repeated with bureaucratic regularity in the lives of thousands of Indian children who, without; Search Snippet: ...repeated with bureaucratic regularity in the lives of thousands of Indian children who, without warning or preparation, are separated from their parents... |
1989 |
| Stan Watts |
Voluntary Adoptions under the Indian Child Welfare Act of 1978: Balancing the Interests of Children, Families, and Tribes |
63 Southern California Law Review 213 (November, 1989) |
For nearly five hundred years the Native American Indian tribes of North America have struggled to maintain their unique cultural lifestyles. They have been dispossessed by land fraud, decimated by foreign diseases, subjugated by superior military technology, oppressed by a corrupt bureaucracy, and manipulated by misguided reformers, yet the tribes; Search Snippet: ...California Law Review November, 1989 Note VOLUNTARY ADOPTIONS UNDER THE INDIAN CHILD WELFARE ACT OF 1978: BALANCING THE INTERESTS OF CHILDREN, FAMILIES... |
1989 |
| Nell Jessup Newton |
Federal Power over Indians: its Sources, Scope, and Limitations |
132 University of Pennsylvania Law Review 195 (January, 1984) |
Judicial deference to federal legislation affecting Indians is a theme that has persisted throughout the two-hundred-year history of American Indian law. The Supreme Court has sustained nearly every piece of federal legislation it has considered directly regulating Indian tribes, whether challenged as being beyond federal power or within that power; Search Snippet: ...trust money was often spent to pay missionaries to educate Indian children in the ways of white society and Christianitywithout consulting... |
1984 |
| 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 |
| Michael C. Walch |
Terminating the Indian Termination Policy |
35 Stanford Law Review 1181 (July, 1983) |
Congress adopted termination--the abolition of Indian reservations and the removal of all governmental power from Indian tribes--as the United States' Indian policy in the 1950's and applied the policy to numerous tribes. Termination, however, had devastating effects on tribal autonomy, community, and economic welfare. Consequently, the United; Search Snippet: ...organizations). . The IRA and related legislation improved Indian education. Indian children were often transferred from distant boarding schools to day schools near their homes. Medical resources and... |
1983 |
| Robert N. Clinton |
Isolated in Their Own Country: a Defense of Federal Protection of Indian Autonomy and Self-government |
33 Stanford Law Review 979 (July, 1981) |
With their resources and acquired knowledge, the Europeans soon appropriated to themselves most of the advantages which the natives might have derived from the possession of the soil . and the Indians have been ruined by a competition which they had not the means of sustaining. They were isolated in their own country, and their race only; Search Snippet: ...model for affording such intergovernmental cooperation already exists in the Indian Child Welfare Act of 1978. [FN424] At a time when federal... |
1981 |
| Daniel M. Rosenfelt |
Indian Schools and Community Control |
25 Stanford Law Review 489 (April, 1973) |
C1-3Contents I. Indian Education Policy Reviewed. 492 A. Federal School System. 493 B. Federal Assistance to State Schools. 496 1. The Johnson-O'Malley Act. 496 2. Impact aid. 497 3. Termination. 500 C. Legal Obligation to Provide Educational Services. 502 1. Federal obligation. 502 2. State obligation. 505 D. Need for Increased Indian Control. 506; Search Snippet: ...percent attend religious or other schools. [FN4] The education of Indian children receives substantial federal financial support. In fiscal year 1972 the... |
1973 |
| |
The Indian: the Forgotten American |
81 Harvard Law Review 1818 (June, 1968) |
The attitude of America toward the Indian has long been characterized by the dichotomy between a sentimental attraction to the noble savage, often increasing with distance from the centers of Indian population, and a startling ignorance of and indifference to the actual circumstances of his life. The Negro revolution, focusing attention not only; Search Snippet: ...still voice anti-competitive views; [FN189] school officials note the Indian child's unwillingness to stand out by volunteering in class. [FN190] The... |
1968 |
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