Author | Title | Citation | Summary | Year | Key Term in Title or Summary |
Katherine O'Donovan |
Real Mothers for Abandoned Children |
36 Law and Society Review 347 (2002) |
Drawing on the laws and practices of three countries--England, France, and Germany--this article examines the constructions of narratives of abandoned children. Although the three countries share the values of the United Nations Convention on the Rights of the Child, having ratified it, their laws and practices with regard to the child's identity; Search Snippet: ...for adoption without their mothers' consents (Milotte 1997), and of native peoples whose children were forced into boarding schools provide ample evidence of the need for protection (Australian... |
2002 |
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Sheri L. Hazeltine |
Speedy Termination of Alaska Native Parental Rights: the 1998 Changes to Alaska's Child in Need of Aid Statutes and Their Inherent Conflict with the Mandates of the Federal Indian Child Welfare Act |
19 Alaska Law Review 57 (June, 2002) |
This Article examines the problems with the new Child in Need of Aid (CINA) statutes and how these problems have affected Alaska Native families. The Article discusses how the new CINA statutes have failed to incorporate the special protections found under the federal Indian Child Welfare Act (ICWA) for cases involving Alaska Native children; Search Snippet: ...AND THEIR INHERENT CONFLICT WITH THE MANDATES OF THE FEDERAL INDIAN CHILD WELFARE ACT Sheri L. Hazeltine [FNa1] Copyright © 2002 Sheri L... |
2002 |
Yes |
Sandra B. Zellmer |
Sustaining Geographies of Hope: Cultural Resources on Public Lands |
73 University of Colorado Law Review 413 (Spring 2002) |
Then I was standing on the highest mountain of them all, and round about beneath me was the whole hoop of the world. . . . [T]he sacred hoop of my people was one of many hoops that made one circle, wide as daylight and as starlight, and in the center grew one mighty flowering tree to shelter all the children of one mother and one father. And I saw; Search Snippet: ...culture and become assimilated into Anglo society. Relocation programs placed Indians in jobs in urban centers away from their reservations and tribal communities and took Indian children away from their families to be educated at distant boarding schools. [FN90] Many of these schools, and many schools on... |
2002 |
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Richard B. Maltby |
The Indian Child Welfare Act of 1978 and the Missed Opportunity to Apply the Act in Guardianships |
46 Saint Louis University Law Journal 213 (Winter 2002) |
State courts have had over two decades to mold the Indian Child Welfare Act of 1978 (ICWA or the Act) into a mechanism for protecting Indian heritage while simultaneously providing the ideal nurturing conditions for Indian children who are the subjects of custodial proceedings involving a non-parent. Although there are no typical ICWA cases,; Search Snippet: ...JOURNAL Saint Louis University Law Journal Winter 2002 Note THE INDIAN CHILD WELFARE ACT OF 1978 AND THE MISSED OPPORTUNITY TO APPLY... |
2002 |
Yes |
Lindsay Glauner |
The Need for Accountability and Reparation: 1830-1976 the United States Government's Role in the Promotion, Implementation, and Execution of the Crime of Genocide Against Native Americans |
51 DePaul Law Review 911 (Spring 2002) |
The opposite of love is not hate; it's indifference. The opposite of art is not ugliness; it's indifference. The opposite of faith is not heresy; it's indifference. The opposite of life is not death; it's indifference. Because of indifference, one dies before one actually dies. Elie Wiesel. On September 8, 2000, the head of the Bureau of Indian; Search Snippet: ...the forced sterilization programs, [FN103] and the forced transfer of Native American children to boarding schools [FN104] would be perceived as having had the intent... |
2002 |
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Natsu Taylor Saito |
The Plenary Power Doctrine: Subverting Human Rights in the Name of Sovereignty |
51 Catholic University Law Review 1115 (Summer, 2002) |
To deny any person their human rights is to challenge their very humanity. Nelson Mandela Human rights law is a subset of the system of international law that evolved in Europe over the several centuries during which European states were consolidated and reached out to lay claim to the rest of the world. Because it is a system created by states,; Search Snippet: ...genocidal and ecocidal policies of almost unimaginable proportions. Generations of Indian children were forcibly removed from their families and imprisoned in boarding schools where they were stripped of their culture, traumatized, and... |
2002 |
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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 |
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Robert B. Porter - Odawi |
Two Kinds of Indians, Two Kinds of Indian Nation Sovereignty: a Surreply to Professor Lavelle |
11 Kansas Journal of Law & Public Policy 629 (Spring, 2002) |
If you can free your mind, the body will follow. - Morpheus I. INTRODUCTION John LaVelle, my colleague at the University of South Dakota, graciously took up the task of commenting on my article arguing against the increasing practice of American Indians to self-identify as, and to exercise the political rights of, American citizens. Professor; Search Snippet: ...fails to acknowledge that the fundamental purpose of making the Indians Christians, like sending them to the boarding schools, was to completely destroy traditional Indian culture and identity. That is why today it is not... |
2002 |
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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 |
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Robert J. Miller |
Economic Development in Indian Country: Will Capitalism or Socialism Succeed? |
80 Oregon Law Review 757 (Fall 2001) |
I. Traditional American Indian Economies and Private Property Concepts. 764 A. Indian Private Property Rights. 767 1. Land. 767 2. Private Property Rights Other Than Land. 773 3. Wealth Accumulation. 776 B. Tribal Economies. 780 1. Tribal Economic Management. 781 2. Tribal and Individual Indian Trading. 785 a. Native Trading Networks. 786 b. Tribal; Search Snippet: ...and state schools on or near reservations that serve many Indian children have numerous needs and are below the U.S. school averages... |
2001 |
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Robert J. Miller |
Exercising Cultural Self-determination: the Makah Indian Tribe Goes Whaling |
25 American Indian Law Review 165 (2000-2001) |
Save a Whale, Harpoon a Makah American Indian tribes and Alaskan and Hawaiian natives have long suffered under the cultural oppression of European and American societies. As a result many tribal traditions, cultures, and languages have disappeared from the North American continent and Hawaiian Islands. Today, American Indian tribes and native; Search Snippet: ...be ashamed of their own families, culture, and language. [FN209] Boarding schools were used at Makah from roughly 1870-1940 the same as in the rest of Indian country to teach Indian children civilized ways and to eradicate Indian culture. [FN210] Makah families were forced to send their children... |
2001 |
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Rose Weston |
Facing the Past, Facing the Future: Applying the Truth Commission Model to the Historic Treatment of Native Americans in the United States |
18 Arizona Journal of International & Comparative Law 1017 (2001) |
We have to face the unpleasant as well as the affirmative side of the human story, including our own story as a nation, our own stories of our peoples. We have got to have the ugly facts in order to protect us from the official view of reality. Bill Moyers, Journalist The history of the United States is rife with allegations of the most serious; Search Snippet: ...with its whole range of exclusionary practices. [FN197] Generations of Native American children were abducted from their families and confined in isolated boarding schools whose purpose, often openly stated, was to assimilate native tribes by destroying the connection between the children and their native cultures. [FN198] These historical examples of violence and mistreatment constitute... |
2001 |
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David H. Getches |
Indian Reserved Water Rights: the Winters Doctrine in its Social and Legal Context, 1880s-1930s. By John Shurts. Norman: University of Oklahoma Press. 2000. Pp. Xv, 333. $39.95. |
99 Michigan Law Review 1473 (May, 2001) |
A single, century-old court decision affects the water rights of nearly everyone in the West. The Supreme Court's two-page opinion in Winters v. United States sent out shock waves that reverberate today. By formulating the doctrine of reserved water rights, the Court put Indian tribes first in line for water in an arid region. Priority is; Search Snippet: ...thought, depended on destruction of Indian culture and reservations. And Indian children were to be civilized by removing them from their families and putting them in boarding schools, where they were forced to give up their dress... |
2001 |
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Allison M. Dussias |
Let No Native American Child Be Left Behind: Re-envisioning Native American Education for the Twenty-first Century |
43 Arizona Law Review 819 (WINTER, 2001) |
The work of the government directed toward the education and advancement of the Indian...is largely ineffective.... [T]he government has not appropriated enough funds to permit the Indian Service to employ an adequate personnel properly qualified for the task before it. -- Meriam Report, 1928 [O]ur national policies for educating American Indians; Search Snippet: ...are a failure of major proportions. They have not offered Indian children--either in years past or today--an educational opportunity anywhere... |
2001 |
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Margaret F. Brinig |
Moving Toward a First-best World: Minnesota's Position on Multiethnic Adoptions |
28 William Mitchell Law Review 553 (2001) |
I. Introduction. 553 II. A Brief Historical Review of Multicultural Adoption. 555 III. Demography, or A Political Win with Very Little Cost. 568 IV. The Substitute--Kinship Foster Care. 577 V. The Transracial Adoption Debate. 583 VI. Some Empirical Observations. 587 VII. Conclusions. 589 VIII. Appendix. 596; Search Snippet: ...biological family and heritage. At the outset, Minnesota promulgated the Indian Child Welfare Act (ICWA), [FN27] adopted the ALI/ABA rules protecting... |
2001 |
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Ruthann Robson |
Our Children: Kids of Queer Parents & Kids Who Are Queer: Looking at Sexual Minority Rights from a Different Perspective |
64 Albany Law Review 915 (2001) |
Much of the conservative right's rhetoric in the realm of minority sexualities has focused on children. Drawing on themes of disease and seduction, Christian fundamentalists have portrayed gay men and lesbians as predators who target children, hoping to seduce them into a life of depravity and disease. As Jeffrey Weeks noted many years ago, it; Search Snippet: ...American children was finally addressed by Congress, resulting in the Indian Child Welfare Act of 1978. [FN49] Meanwhile, the persecution of sexual... |
2001 |
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John P. La Velle |
Rescuing Paha Sapa: Achieving Environmental Justice by Restoring the Great Grasslands and Returning the Sacred Black Hills to the Great Sioux Nation |
5 Great Plains Natural Resources Journal 40 (Spring/Summer, 2001) |
History, despite its wrenching pain, Cannot be unlived, but if faced With courage, need not be lived again. I. The Proposal for Establishing the Greater Black Hills Wildlife Protected Area. 41 II. A Harvest of Sorrow and Blood: The Dispossession of Paha Sapa. 43 III. The Vital Need for Returning Paha Sapa to the Great Sioux Nation. 63 IV. The; Search Snippet: ...from their families and communities to be raised by non- Indians in far-off boarding schools. Congress passed a number of statutes aimed at destroying... |
2001 |
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Wallace Coffey, Rebecca Tsosie |
Rethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations |
12 Stanford Law and Policy Review 191 (Spring, 2001) |
Cultural sovereignty is the heart and soul that you have, and no one has jurisdiction over that but God. Wallace Coffey (Comanche) This article is the result of a dialogue between colleagues who live and work within a particular universe which Indian people know very well and non-Indians know very little: the cultural existence of an Indian nation; Search Snippet: ...for their own good. Thus, until rescinded by the 1934 Indian Reorganization Act, [FN125] multiple federal policies such as allotment, criminalization of Native religion, forcible removal of Native children to remote boarding schools (where they were forbidden to speak their languages and... |
2001 |
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Kimberly A. Costello |
Rice V. Cayetano: Trouble in Paradise for Native Hawaiians Claiming Special Relationship Status |
79 North Carolina Law Review 812 (March, 2001) |
The United States government has long claimed a special relationship with the once-sovereign peoples whose culture and autonomy were forever altered and in some cases destroyed by Western expansion. As distinguished from other minority groups, indigenous tribal Indians have a unique legal and political relationship with the federal government,; Search Snippet: ...groups are not considered tribes for the purposes of the Indian Child Welfare Act, 25 U.S.C. § 1903(8) (1994)); Reid Peyton... |
2001 |
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John P. LaVelle |
Strengthening Tribal Sovereignty Through Indian Participation in American Politics: a Reply to Professor Porter |
10-SPG Kansas Journal of Law & Public Policy 533 (Spring, 2001) |
I hope that we have had enough fighting amongst ourselves. The occasion for this essay came about in a peculiar way. I missed the first day of fall 2000 classes at the University of South Dakota School of Law because my wife and I were attending the Democratic National Convention in Los Angeles. When I returned to my office at the law school, I; Search Snippet: ...of the Indian Apocalypse: convert the Indians to Christianity, force Indian children to obtain Western education, allot tribal common lands to individual... |
2001 |
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Annette Ruth Appell |
Virtual Mothers and the Meaning of Parenthood |
34 University of Michigan Journal of Law Reform 683 (Summer 2001) |
Professor Appell supports the use of the traditional parental rights doctrine, which accords biological parents, particularly mothers, parental status alienable only voluntarily or upon proof of unfitness. She defends the doctrine against the criticisms that it is regressive and does not protect the interests of children or de facto parents. She; Search Snippet: ...tools used to define families. The government's coercive removal of Native American children from their families and tribes to foster homes and government boarding schools reveals the personal and cultural destructiveness of discretionary decisionmaking... |
2001 |
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Vine Deloria, Jr. |
A Walk on the Inside |
71 University of Colorado Law Review 397 (Spring 2000) |
We are taught that attorneys are officers of the court, and we like to think of ourselves as representatives of the law. But how do we represent the law? To what degree does it become part of ourselves, allowing us to look back on our lives and see that we have become an integral participant in the legal process in the most positive fashion? And; Search Snippet: ...broken that idea into pieces by enticing, and then kidnapping, Indian children to its off-reservation boarding schools, by depriving parents of rations due to them under... |
2000 |
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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 |
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Richard Delgado ; Jean Stefancic |
California's Racial History and Constitutional Rationales for Race-conscious Decision Making in Higher Education |
47 UCLA Law Review 1521 (August, 2000) |
Richard Delgado and Jean Stefancic examine the history of racial mistreatment of citizens of color in California. Beginning with incidents of racial brutality during the early Spanish colonial period and proceeding into the present, Delgado and Stefancic reveal that California has not been the egalitarian paradise many suppose. The authors write; Search Snippet: ...FN362] Indian schools, by contrast, seem to have done the Indian children sent there very little favor. As mentioned earlier, [FN363] Spanish... |
2000 |
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Angela P. Harris |
Equality Trouble: Sameness and Difference in Twentieth-century Race Law |
88 California Law Review 1923 (December, 2000) |
Introduction. 1925 I. The First Reconstruction: Prelude to the Twentieth Century. 1930 A. The Legal Structure of the First Reconstruction. 1931 B. Dismantling Reconstruction: The Southern Redemption. 1936 II. Race Law in the Age Of Difference. 1937 A. Civilization and Self-Determination: The Increasing Importance of Race. 1938 B. Race Law and; Search Snippet: ...low with respect to relations between the federal government and Indian tribes. Government policy in the assimilation period had entailed allotment of Indian lands, the removal of political power over their own affairs from the tribes, the coerced destruction of Indian cultures through Americanization programs such as boarding schools for Indian children, the suppression of Indian... |
2000 |
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Pat Sekaquaptewa |
Evolving the Hopi Common Law |
9-SUM Kansas Journal of Law & Public Policy 761 (Summer, 2000) |
But will you, friend, explain to me that which I cannot understand? Why do the white people want to stop our dances and our songs? Why do they trouble us? Why do they interfere with what can harm them not? What ill do we do any white man when we dance? Lololomai, white men do not understand your dances or your songs. They do not even know one word; Search Snippet: ...oldest and largest villages. [FN12] By 1934, the federal government's boarding schools, Indian agents, police, judge and jail were well established in Hopi... |
2000 |
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Dena L. Silliman, Esq. |
Francis Browning Pipestem: a Great and Savage Warrior |
24 American Indian Law Review IX (2000) |
On August 2, 1999, F. Browning Pipestem passed from this life and Indian country suffered the loss of its most zealous advocate. Browning Pipestem, award-winning attorney and scholar, spent thirty-one years in the pursuit of justice, the protection of tribal sovereignty, and judicial and legislative confirmation of the rights of tribes and Indian; Search Snippet: ...of eight, his early years were spent at the Chilocco Indian School a government boarding school for Indians located on the Oklahoma-Kansas border. Browning could entertain for... |
2000 |
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Lanette P. Dalley |
Imprisoned Mothers and Their Children: Their Often Conflicting Legal Rights |
22 Hamline Journal of Public Law and Policy Pol'y 1 (Fall 2000) |
Justice, it is said, is about acquitting the innocent and punishing the guilty, but when mothers are imprisoned their children become the silent victims and are penalized the most. Robert Shaw (1993) Inmates and their families have been brought to the forefront of not only the correctional system but also to society, largely because of the; Search Snippet: ...American imprisoned mothers throughout the parental termination proceedings since the Indian Child Welfare Act (1978) mandates legal representation for the parents relating... |
2000 |
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Peter K. Wahl |
Little Power to Help Brenda? A Defense of the Indian Child Welfare Act and its Continued Implementation in Minnesota |
26 William Mitchell Law Review 811 (2000) |
I. Introduction. 812 II. Background of the Indian Child Welfare Act. 815 A. The History of Indian Child Placement Programs. 816 B. The History of ICWA. 817 III. The Indian Child Welfare Act. 820 A. Provisions of the Indian Child Welfare Act. 820 1. Notice Provisions. 821 2. Jurisdiction Provisions. 821 a. Public Law 280. 822 b. Tribal Power in; Search Snippet: ...Article LITTLE POWER TO HELP BRENDA? A DEFENSE OF THE INDIAN CHILD WELFARE ACT AND ITS CONTINUED IMPLEMENTATION IN MINNESOTA Peter K... |
2000 |
Yes |
William C. Bradford |
Reclaiming Indigenous Legal Autonomy on the Path to Peaceful Coexistence: the Theory, Practice, and Limitations of Tribal Peacemaking in Indian Dispute Resolution |
76 North Dakota Law Review 551 (2000) |
Nothing is gained by dwelling upon the unhappy conflicts that have prevailed . . . . The generation of Indians who suffered the privations, indignities, and brutalities of the westward march of the white man have gone to the Happy Hunting Ground, and nothing that we can do can square the account with them. Whatever survives is a moral obligation; Search Snippet: ...incorrigible girl remained abusive and required dispatch to a tribal boarding school for girls in Oklahoma; nevertheless, many non- Indian observers registered their shock at the barbarity of TPM-authorized... |
2000 |
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Rebecca Tsosie |
Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights |
47 UCLA Law Review 1615 (August, 2000) |
Today, Native Americans and Mexican American point to the treaties of the last century in support of their claims for intercultural justice. Under this discourse of treaty rights, both the Indian treaties and the Treaty of Guadalupe Hidalgo embody the moral obligation of the United States to honor its promises to respect the land and the cultural; Search Snippet: ...supplant these with Anglo American forms of governance. Under the Boarding School policy, Indian children were forcibly removed from their homes and sent to distant boarding schools for periods of up to eight years, during which... |
2000 |
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Rodina Cave |
Simplifying the Indian Trust Responsibility |
32 Arizona State Law Journal 1399 (Winter, 2000) |
The concepts of trust or trust fund are nothing new to the legal world. The term trust fund evokes images of rich kids in college living the life of luxury or of an academic institution with a department that is funded through a trust. The word trust also raises images of being able to rely on the integrity of someone or to have confidence; Search Snippet: ...to establish missions on the reservation and programs to send Indian children to boarding schools where they could be assimilated into American society. [FN32... |
2000 |
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Raymond Cross |
Tribes as Rich Nations |
79 Oregon Law Review 893 (Winter 2000) |
If you have understanding and heart, show only one. Both they will damn, if both you show together. Emancipating today's American Indian peoples requires a fundamental restructuring of the contemporary concept of tribal self-determination. Bound by their legal status as tribes, assigned to them by Supreme Court opinions now almost 200 years old,; Search Snippet: ...their tribesmen to be white Indians. [FN68] Third, allotment encouraged Indian parents to send their children to the newly-created federal Indian boarding schools. [FN69] An American-type education was deemed to be the most reliable means for assimilating Indian children into a non-Indian society. [FN70] It was the archetypal... |
2000 |
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Steve Russell , University of Texas |
A Black and White Issue: the Invisibility of American Indians in Racial Policy Discourse |
4 Georgetown Public Policy Review 129 (Spring, 1999) |
The President's Initiative on Race concluded little about American Indians, except that they are in dire circumstances. This article describes those circumstances and the difficulties that face policymakers in addressing Indian problems. Indians grappling with issues of economic development, education and internal democracy find themselves in a; Search Snippet: ...language and culture, autonomy and survival to pass on to Indian children. That question subdivides into issues to be addressed by governments... |
1999 |
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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 |
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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 |
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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 |
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Alisa Cook Lauer 2000 |
Dispelling the Constitutional Creation Myth of Tribal Sovereignty, United States V. Weaselhead |
78 Nebraska Law Review 162 (1999) |
Long ago There were no Stars, no moon, no sun. There was only darkness and water. A raft floated on the water, and on the raft sat a turtle. Then from the sky, a spirit came down and sat on the raft. Who are you? asked turtle. Where do you come from? I came from above, answered the spirit. Can you create some land for us? asked turtle. We; Search Snippet: ...495 (1898) (the Curtis Act). Congress's assimilationist policies to civilize Indians promoted taking Indian children from their parents and requiring them to attend boarding schools, and prohibited Indians from engaging in their traditional religious practices. See Cases and... |
1999 |
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Donna Coker |
Enhancing Autonomy for Battered Women:lessons from Navajo Peacemaking |
47 UCLA Law Review Rev. 1 (October, 1999) |
In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as; Search Snippet: ...1870s until the early 1900s, the U.S. federal government removed Indian children, often forcibly, from their parents and sent them hundreds of miles away to boarding schools. [FN91] Children were often not allowed to speak their... |
1999 |
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B.J. JONES |
In Their Native Lands: the Legal Status of American Indian Children in North Dakota |
75 North Dakota Law Review 241 (1999) |
American Indian children in North Dakota shoulder a unique legal status. They are citizens of three separate political entities: the United States, the state of North Dakota, and the Indian tribe to which they belong. Because the Indian tribes to which they belong maintain a distinctive political relationship with the United States government,; Search Snippet: ...Article IN THEIR NATIVE LANDS: THE LEGAL STATUS OF AMERICAN INDIAN CHILDREN IN NORTH DAKOTA B.J. JONES [FNa1] Copyright (c) 1999 North... |
1999 |
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Kristen A. Carpenter |
Interpreting Indian Country in State of Alaska V. Native Village of Venetie |
35 Tulsa Law Journal 73 (Fall, 1999) |
I think that the [Alaska Native Claims Settlement Act] will never fully to the extent advocate and stand individually for the real Native part of us. I think that ANCSA is not totally Native. It is written in the Western-adopted ways, and that it has that business nature where the land is collateral, just like a car or anything. Anyone, in one way; Search Snippet: ...Determination Act (1974), [FN373] Indian Financing Act (1974), [FN374] the Indian Child Welfare Act (1978), [FN375] the Indian Tribal Justice Act (1993... |
1999 |
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Robert B. Porter |
Legalizing, Decolonizing, and Modernizing New York State's Indian Law |
63 Albany Law Review 125 (1999) |
The Indian Law, although a part of the scheme of general laws, is but a collection of special statutes relating to the several tribes of Indians remaining in the state. Following this plan an examination has been made of all statutes relating to Indians, and such as were found to be unrepealed but superceded or obsolete have been placed in the; Search Snippet: ...Reservations [FN61] and, in 1855, it established the State's first Indian boarding school. [FN62] Also during this time, the State Board of... |
1999 |
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Alexis A. Lury |
Official Insignia, Culture, and Native Americans: an Analysis of Whether Current United States Trademark Law Should Be Changed to Prevent the Registration of Official Tribal Insignia |
1 Chicago-Kent Journal of Intellectual Property 137 (Fall, 1999) |
The United States is a multinational and multicultural country. As such, the United States must constantly balance the interests of the numerous cultural, ethnic, political and racial groups that exist within its borders. However, differences exist even within each of these groups. Of particular concern to the United States and its people are the; Search Snippet: ...established by a former military officer. Its philosophy of separating Indian children totally from their Indian environment and forcing them to adopt white ways became the basis for a widescale [sic] boarding school movement that eventually removed thousands of Indian children from their cultural settings and families Everything Indian came under attack. Indian feasts, languages, certain marriage practices, dances... |
1999 |
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Sandra C. Ruffin |
Postmodernism, Spirit Healing, and the Proposed Amendments to the Indian Child Welfare Act |
30 McGeorge Law Review 1221 (Summer, 1999) |
There is only one child and her name is Children A Native American Saying Nothing in this article is true; it's just the way things are. The suicide rate among Indian youths is twice the national average. Social scientists directly attribute this aggravated rate to the identity crisis resulting from Indian children being raised outside of their; Search Snippet: ...Article POSTMODERNISM, SPIRIT HEALING, AND THE PROPOSED AMENDMENTS TO THE INDIAN CHILD WELFARE ACT Sandra C. Ruffin [FNa1] Copyright (c) 1999 McGeorge... |
1999 |
Yes |
Dean B. Suagee |
The Cultural Heritage of American Indian Tribes and the Preservation of Biological Diversity |
31 Arizona State Law Journal 483 (Summer, 1999) |
Table of Contents I. Introduction. 485 II. Tribal Self-Government in the United States. 490 A. Foundation Principles. 492 1. Inherent Tribal Sovereignty. 492 2. Reserved Tribal Rights. 493 3. Trust Responsibility. 494 4. Plenary Power of Congress. 495 B. Vacillations in Federal Policy. 495 C. The Self-Determination Era. 497 D. Is a Human Rights; Search Snippet: ...era featured a variety of other programs designed to force Indians to become assimilated, including taking Indian children away from their families and educating them at distant boarding schools. See id. See generally Judith V. Royster, The Legacy... |
1999 |
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Robert B. Porter |
The Demise of the Ongwehoweh and the Rise of the Native Americans: Redressing the Genocidal Act of Forcing American Citizenship upon Indigenous Peoples |
15 Harvard BlackLetter Law Journal 107 (Spring, 1999) |
Most usually, they are incorporated with the victorious nation, and become subjects or citizens of the government with which they are connected. The new and old members of the society mingle with each other; the distinction between them is gradually lost, and they make one people. Can we fulfill the promise of America by embracing all our citizens; Search Snippet: ...of the Indian Apocalypse: convert the Indians to Christianity, force Indian children to obtain Western education, allot tribal common lands to individual... |
1999 |
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Allison M. Dussias |
Waging War with Words: Native Americans' Continuing Struggle Against the Suppression of Their Languages |
60 Ohio State Law Journal 901 (1999) |
This Article explores how U.S. law has adversely affected Native American languages, and how Native Americans have resisted explicit and implicit pressure aimed at eradicating their languages. Professor Dussias also examines parallels between arguments made by federal government policy makers to support the suppression of Native American languages; Search Snippet: ...in the schools that it established and supported to educate Indian children. The children, however, were not always as willing to give... |
1999 |
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Nancy A. Costello |
Walking Together in a Good Way: Indian Peacemaker Courts in Michigan |
76 University of Detroit Mercy Law Review 875 (Spring 1999) |
The sweet aroma of sage or sweetgrass burning in the hollow of an abalone shell opens the Peacemaker Court for the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan. As the peacemaker carries the smudge bowl around the room to dispel negative energy, he prays for wisdom to help the hostile parties resolve their dispute. Both parties,; Search Snippet: ...1800s following the migration of European settlers to America. [FN106] Indian children were sent to boarding schools and the Ottawa language was forbidden as European settlers... |
1999 |
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Robert B. Porter |
A Proposal to the Hanodaganyas to Decolonize Federal Indian Control Law |
31 University of Michigan Journal of Law Reform 899 (Summer 1998) |
In this Article, cast in the form of a letter to President William Jefferson Clinton, Professor Porter argues for the decolonization of federal Indian control law. After detailing the religious and colonialist roots of early Supreme Court decisions dealing with the Indian nations and giving an overview of the evolution of federal Indian policy,; Search Snippet: ...authority to establish a wide variety of assimilating institutions within Indian reservation communities, such as Western judicial and law enforcement systems, boarding schools, and mission schools. [FN187] As Congress was asserting federal... |
1998 |
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Robert B. Porter |
Building a New Longhouse: the Case for Government Reform Within the Six Nations of the Haudenosaunee |
46 Buffalo Law Review 805 (Fall, 1998) |
L1-2Introduction 806. I. What is the Current State of Haudenosaunee Governance?. 814 A. Acceptance of the Gayanashagowa and Establishment of the Confederacy. 814 B. Transformation and Americanization. 821 C. Dysfunction and the Modern Era. 844 II. What are the Reasons for Haudenosaunee Governmental Dysfunction?. 889 A. The Change in Haudenosaunee; Search Snippet: ...later, in 1855, for the establishment of the State's first boarding schoolthe Thomas Asylum for Orphan and Destitute Indian Children. [FN74] The State Board of Charities was established to care... |
1998 |
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