AuthorTitleCitationSummaryYearKey Term
Lori Bable TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY 18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... 2021  
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  
Carla D. Pratt Tribes and Tribulations: Beyond Sovereign Immunity and Toward Reparation and Reconciliation for the Estelusti 11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by; Search Snippet: Carlisle, Pennsylvania. David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience 1875-1928 51-53 (1995). Many of Pratt's... 2005  
Raymond Cross Tribes as Rich Nations 38 Public Land & Resources Law Review 117 (2017) I. Introduction. 119 A. The Life-Cycle of the Tribe. 123 1. Birth. 123 2. Childhood. 127 3. Adolescence. 128 4. Death. 133 5. Rebirth. 143 II. The Failed Effort to Emancipate the American Indian Peoples. 146 A. The Origin of Tribal Self-Determination. 147 1. Evaluating the Self-Determination Component. 148 2. Evaluating the Tribal Component. 149; Search Snippet: ...their tribesmen to be white Indians. [FN67] Third, allotment encouraged Indian parents to send their children to the newly-created federal Indian boarding schools. [FN68] An American-type education was deemed to be the most reliable means for assimilating Indian children into a non-Indian society. [FN69] It was the archetypal... 2017  
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  
Christopher R. Green TRIBES, NATIONS, STATES: OUR THREE COMMERCE POWERS 127 Penn State Law Review 643 (Summer, 2023) The scope of federal power is sometimes seen as a long-running battle between two stories. Story One sees the commerce power as initially broad, mistakenly contracted in the late nineteenth century, then properly restored in 1937 as the national power to deal with national problems. Story Two sees 1937 as the mistake, and the commerce power as... 2023  
Judith Resnik Tribes, Wars, and the Federal Courts: Applying the Myths and the Methods of Marbury V. Madison to Tribal Courts' Criminal Jurisdiction 36 Arizona State Law Journal 77 (Spring, 2004) C1-3Table of Contents I. Constitutionalism as Reasoning About Constraint. 78 II. Federal Indian Law and the Problems of Authority. 93 III. Difference, Assimilation, and Sovereignty. 96 IV. Jurisdiction by Distrust of the Other Court System. 102 V. Jurisdiction by Political Affiliation. 111 VI. Sources of Sovereignty, Double Jeopardy, and; Search Snippet: ...or discovery. Id . at 85-86. See, e.g. , the Indian Child Welfare Act, Pub. L. No. 95-608, 92 Stat. 3069... 2004  
Kace Rodwell , Michael Colbert Smith , Stephanie Hudson TRIBUTES TO STEVE HAGER 46 American Indian Law Review 337 (2022) I first met Steve Hager at Sovereignty Symposium when he was presenting on the Indian Child Welfare Act (ICWA) for the Juvenile Law panel. I was just a 1L law student then, inspired by his passion for advocating for Tribal families and enforcing laws enacted to protect them. I knew then that I wanted to work alongside Steve and would later get that... 2022  
David R. Katner TRUMP'S POLICY OF PUTTING KIDS IN CAGES: SIX DEAD, THOUSANDS SEPARATED FROM PARENTS, MAKING AMERICA GREAT AGAIN? 28 Virginia Journal of Social Policy and the Law 87 (Spring, 2021) Introduction. 88 I. Conditions of Children's Detentions at the U.S. Border. 96 II. The Traumatic Impact of Separating Children from Parents and Locking them Up. 105 A. The Complications and Manipulations of Conditions of Poverty. 110 B. Need for Therapeutic Interventions for Children and Adolescents Separated from Parents by the Trump... 2021  
Lauren E. Schneider TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) 52 Loyola University Chicago Law Journal 1099 (Summer, 2021) The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... 2021  
Onalee R. Chappeau Trusting the Tribe: Understanding the Tensions of the Indian Child Welfare Act 64 Saint Louis University Law Journal 241 (Winter, 2020) . Remember your birth, how your mother struggled to give you form and breath. You are evidence of her life, and her mother's, and hers. Remember your father. He is your life, also . Remember you are all people and all people are you. Remember you are this universe and this universe is you. Remember all is in motion, is growing, is you. Remember; Search Snippet: ...2020 Note TRUSTING THE TRIBE: UNDERSTANDING THE TENSIONS OF THE INDIAN CHILD WELFARE ACT Onalee R. Chappeau [FNa1] Copyright © 2020 by Saint... 2020 Child Welfare
Heather Parker Truth and Reconciliation Commissions: a Needed Force in Alaska? 34 Alaska Law Review 27 (June, 2017) Introduction. 28 Background and Definitions. 31 Truth Commissions. 31 Reconciliation. 34 Context for Alaska. 35 History of Occupation. 36 Forced Assimilation Policies. 37 Government-Endorsed Discrimination. 38 Aftermath of Assimilation and Discrimination Policies in Alaska. 40 Comparison and Overview of Select International Commissions. 42 South; Search Snippet: ...the village, it was eerily quiet that winter. [FN61] At boarding school, all topics were taught in English and there was a constant message that Native cultures, heritage, and languages were of no use, including singing... 2017  
Kimbirlee E. Sommer Miller TRUTH AND RECONCILIATION: RESTORATIVE JUSTICE, ACCOUNTABILITY, AND CULTURAL VIOLENCE 24 Oregon Review of International Law 195 (2023) I. Residential Schools: Compulsory Assimilation for Indigenous Children. 198 A. History. 198 B. Forced Assimilation. 200 C. Abuse. 201 D. Mass Graves. 202 II. Cultural Genocide: The Sociological Impact of Cultural Erasure. 203 A. Tribal Languages. 205 B. Poverty. 206 C. Substance Abuse and PTSD. 207 D. Generational Trauma. 208 III. Canada's Truth... 2023  
Sarah Martinez Turning Back the Clock: the Loss of Tribal Jurisdiction over Involuntary Juvenile Dependency Proceedings 10 U.C. Davis Journal of Juvenile Law & Policy 541 (Summer, 2006) There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children. This language from the Indian Child Welfare Act of 1978 (ICWA) captures the U.S. Congress' intent in preventing the mass removal of Indian children from their reservations, families and culture. Native American activism for; Search Snippet: ...Indian tribes than their children. [FN1] This language from the Indian Child Welfare Act of 1978 (ICWA) captures the U.S. Congress' intent in preventing the mass removal of Indian children from their reservations, families and culture. Native American activism for... 2006  
Laura Briggs TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT 11 Columbia Journal of Race and Law 611 (July, 2021) This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... 2021  
Justin E. Brooks TWO COUNTRIES IN CRISIS: MAN CAMPS AND THE NIGHTMARE OF NON-INDIGENOUS CRIMINAL JURISDICTION IN THE UNITED STATES AND CANADA 56 Vanderbilt Journal of Transnational Law 533 (March, 2023) Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the... 2023  
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  
Scott Trowbridge Understanding the 2016 Indian Child Welfare Act Regulations 36 Child Law Practice Prac. 6 (January, 2017) The Indian Child Welfare Act (ICWA) was passed in 1978 in response to widespread removals of Native American children. It came on the heels of official policies aimed at eroding tribal sovereignty and culture. ICWA is unique in that it seeks to protect children, their families, and the right of tribal governments to exercise parens patriae; Search Snippet: ...Practice January, 2017 Law and Policy Update UNDERSTANDING THE 2016 INDIAN CHILD WELFARE ACT REGULATIONS Scott Trowbridge [FNa1] Copyright © 2017 by American Bar Association; Scott Trowbridge T he Indian Child Welfare Act (ICWA) [FN1] was passed in 1978 in response... 2017 Child Welfare
Annette Ruth Appell Uneasy Tensions Between Children's Rights and Civil Rights 5 Nevada Law Journal 141 (Fall 2004) This essay begins an exploration of the opposition between, and intersection of, children's rights and civil rights. Children's rights, a phrase I will define and explore more fully below, are sometimes placed under the umbrella of the civil rights movement. Children's rights to equal protection in education, protections against arbitrary state; Search Snippet: ...various faces of children's rights in the context of the Indian Child Welfare Act (ICWA). [FN2] This Symposium's occasion and location in... 2004  
Neoshia R. Roemer UN-ERASING AMERICAN INDIANS AND THE INDIAN CHILD WELFARE ACT FROM FAMILY LAW 56 Family Law Quarterly 31 (2022-2023) In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures,... 2023 Child Welfare
Monika Batra Kashyap Unsettling Immigration Laws: Settler Colonialism and the U.s. Immigration Legal System 46 Fordham Urban Law Journal 548 (June, 2019) This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called settler colonialism, which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration; Search Snippet: ...of Indigenous children from their families to government-funded residential boarding schools provides a quintessential example of a settler colonial cultural... 2019  
Addie C. Rolnick Untangling the Web: Juvenile Justice in Indian Country 19 NYU Journal of Legislation and Public Policy 49 (2016) The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration; Search Snippet: ...Juvenile Justice and Delinquency Prevention Act 133 4. Extend the Indian Child Welfare Act 134 B. Improving Outcomes for Native Youth in... 2016  
Lauren van Schilfgaarde , Brett Lee Shelton USING PEACEMAKING CIRCLES TO INDIGENIZE TRIBAL CHILD WELFARE 11 Columbia Journal of Race and Law 681 (July, 2021) Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child... 2021 Child Welfare
Kirke Kickingbird Vanishing American-vanishing Justice: Indian Policies on the Eve of the 21st Century 14 Thomas M. Cooley Law Review 437 (Michaelmas Term, 1997) Well, I began teaching law school in 1988. I taught federal Indian law under tribal governments for years through a special program that I had developed with my private, non-profit organization named the Institute for the Development of Indian Law. While teaching, I have found that the material I used to be able to teach tribal governments' leaders; Search Snippet: ...there was considerable, the United States sold to white homesteaders. Indian children were shipped away to boarding schools and separated from the adverse influence of their parents... 1997  
Summer Blaze Aubrey Violence Against the Earth Begets Violence Against Women: an Analysis of the Correlation Between Large Extraction Projects and Missing and Murdered Indigenous Women, and the Laws That Permit the Phenomenon Through an International Human Rights Lens 10 Arizona Journal of Environmental Law & Policy 34 (Fall, 2019) This note examines the prevalence of sex trafficking of Native women and children, and the correlation those rates have with large extraction projects, such as the Bakken Oil Fields in North Dakota, and the camps (man camps) that employees live in. In order to fully flesh out the phenomenon accurately, this note walks through pertinent history; Search Snippet: frontier. Hunting never ended; [FN42] it only evolved. The Indian Boarding School Policy began in 1869 as a result of the Indian Civilization Act Fund, [FN43] the Peace Policy of 1869, [FN44... 2019  
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: 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  
Kristen Carpenter , Andrew Cowell , Alexis Palmer VISIONS FOR THE INTERNATIONAL DECADE OF INDIGENOUS LANGUAGES 2022-2032 34 Colorado Environmental Law Journal 1 (Spring, 2023) The United Nations General Assembly recently proclaimed the International Decade of Indigenous Languages (IDIL) from 2022-2032 to to draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages and to take urgent steps at the national and international levels. The... 2023  
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 Child Welfare
James Thomas Tucker , Rodolfo Espino , Tara Brite, Shannon Conley, Ben Horowitz, Zak Walter, Shon Zelman Voting Rights in Arizona: 1982-2006 17 Southern California Review of Law & Social Justice 283 (Spring 2008) Before the passage of the Voting Rights Act of 1965 (VRA), Arizonans of Hispanic, American Indian, African-American and Asian heritage were the victims of discrimination in virtually every area of their social and political lives. The town of Winslow adopted a policy segregating public swimming pools that allowed only Anglos to use the pool on days; Search Snippet: ...English-only requirements. [FN319] That would be true if American Indian children were being taught in tribal schools; however, 80% of tribal children are in public and charter schools. [FN320] American Indians remember well the era from the 1800s to the 1960s when American Indian children were placed in government-run boarding schools and punished for speaking their native language. [FN321] Proposition 203 revitalizes that much- 2008  
Laughlin McDonald , Janine Pease , Richard Guest Voting Rights in South Dakota: 1982-2006 17 Southern California Review of Law & Social Justice 195 (Fall 2007) The problems Indians continue to experience in South Dakota in securing an equal right to vote strongly supported the extension of the special provisions of the Voting Rights Act that were scheduled to expire in 2007. They also demonstrated the ultimate wisdom of Congress in making permanent and nationwide the basic guarantee of equal political; Search Snippet: ...she went to high school in Todd County. [FN239] The Indian students lived in a segregated dorm at the Rosebud boarding school. [FN240] They were bussed to the high school, then... 2007  
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: the schools that it established and supported to educate Indian children. The children, however, were not always as willing to give... 1999  
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  
Richard Delgado Watching the Opera in Silence: Disgust, Autonomy, and the Search for Universal Human Rights 70 University of Pittsburgh Law Review 277 (Winter 2008) Inventing Human Rights: A History. By Lynn Hunt. New York, London: W.W. Norton & Company. 2007. Pp. 214+appendix. $14.95. Are human rights expanding over time? Christopher Stone, Peter Singer, and many others hold that they are and that this is a good thing. In a famous article and book, Stone points out that in early times, human beings recognized; Search Snippet: ...and raised in captivity. In reality, very few cases of Indian kidnapping ever occurred; many more Indian children were forcibly removed from their families and sent to Indian boarding schools, where Anglo authorities cut off their long hair, punished them for speaking Indian languages, and taught them to hate their culture and dress... 2008  
Alison Burton What about the Children? Extending Tribal Criminal Jurisdiction to Crimes Against Children 52 Harvard Civil Rights-Civil Liberties Law Review 193 (Winter, 2017) C1-2Table of Contents Introduction. 194 I. Jurisdictional Gaps in Indian Country. 197 A. Tribes occupy a unique position in United States law as domestic dependent nations. 197 B. Overlapping tribal, federal, and state criminal jurisdiction in Indian country has created a jurisdictional crazy quilt with devastating gaps. 198 i. What qualifies as; Search Snippet: ...Criminal Jurisdiction to Crimes that Non-Indians Commit Against American Indian Children 209 A. Native children experience heightened levels of criminal victimization... 2017  
Charisa Smith WHEN COVID CAPITALISM SILENCES CHILDREN 71 University of Kansas Law Review 553 (May, 2023) The lingering COVID-19 pandemic has ushered in policy developments that mar child and family wellbeing while effectively suppressing U.S. children in civic life. Although the prevailing framework for child-parent-state conflicts already antagonized families and disenfranchised youth, COVID Capitalism threatens to silence children on virtually... 2023  
Barbara Stark When Genealogy Matters: Intercountry Adoption, International Human Rights, and Global Neoliberalism 51 Vanderbilt Journal of Transnational Law 159 (January, 2018) Those who believe in children's human rights need to promote children's basic human right to be liberated from the conditions under which they live in orphanages or on the street and to grow up with parents who can provide the loving nurturing that is essential for human flourishing. --Elizabeth Bartholet In short, there is a struggle for the; Search Snippet: ...the white man. [FN43] As Professor Lila George explains, the boarding school era, which began in the 1880s and continued until the Indian Adoption Project in the late 1950s, taught children that their... 2018  
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 Child Welfare
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 Child Welfare
Steve Sanders Where Sovereigns and Cultures Collide: Balancing Federalism, Tribal Self-determination, and Individual Rights in the Adoption of Indian Children by Gays and Lesbians 25 Wisconsin Journal of Law, Gender & Society 327 (Fall 2010) Introduction. 327 I. Background. 331 A. ICWA and Adoption. 331 B. Gay and Lesbian Adoption in the United States. 333 C. Indian Attitudes Toward Homosexuality and Same-sex Relationships. 334 II. Gay/Lesbian Adoptions in Tribal Court. 337 A. In Tribal Court, Tribal Law Controls. 338 B. Full Faith and Credit for Tribal Adoption Decrees. 339 III; Search Snippet: ...TRIBAL SELF-DETERMINATION, AND INDIVIDUAL RIGHTS IN THE ADOPTION OF INDIAN CHILDREN BY GAYS AND LESBIANS Steve Sanders [FNa1] Copyright (c) 2010... 2010  
Julie Sobotta Kane Why Applying the Indian Child Welfare Act Is Worth the Hassle 57-OCT Advocate 28 (October, 2014) After practicing for many years in the area of Indian Law, I often heard complaints about the application of the Indian Child Welfare Act (ICWA) in child protection cases. The Act requires state courts to notify Indian Tribes when members of their tribes are subjects of a proceeding. It also requires higher standards of proof when placing children; Search Snippet: ...5285413 ADVOCATE Advocate October, 2014 Section Article WHY APPLYING THE INDIAN CHILD WELFARE ACT IS WORTH THE HASSLE Julie Sobotta Kane [FNa1... 2014 Child Welfare
Timothy Sandefur WHY HAALAND v. BRACKEEN IS NOT THE END OF THE STORY 2023 Cato Supreme Court Review 169 (2022-2023) The story does not end with the last word. It goes on in the silence of the mind .. I profess the conviction that there is only one story, but there are many stories in the one. --N. Scott Momaday The Indian Child Welfare Act (ICWA) is a federal law which establishes a set of rules state governments must follow in child custody proceedings... 2023  
The Honorable Raquel Montoya-Lewis WHY OUR STORIES MATTER: A PERSPECTIVE ON THE RESTATEMENT FROM THE STATE BENCH 97 Washington Law Review 713 (October, 2022) 34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 2, 2022 I'm really thrilled and honored to be able to speak to all of you today. I did kind of come and go yesterday throughout the presentations and was really sort of star-struck by the incredible speakers that you have already heard from over the last day, and was... 2022  
Jamie R. Abrams Why the Legal Strategy of Exploiting Immigrant Families Should Worry Us All 14 Harvard Law & Policy Review 77 (Summer, 2019) This article applies a family law lens to explore the systemic and traumatic effects of modern laws and policies on immigrant families. A family law lens widens the scope of individuals harmed by recent immigration laws and policies to show why all families are affected and harmed by shifts in state power, state action, and state rhetoric. The; Search Snippet: ...the Emancipation Proclamation need look no further than the notorious Indian boarding schools - U.S. government or church run institutions that snatched Indigenous... 2019  
Bethany R. Berger Williams V. Lee and the Debate over Indian Equality 109 Michigan Law Review 1463 (June, 2011) Williams v. Lee (1959) created a bridge between century-old affirmations of the immunity of Indian territories from state jurisdiction and the tribal self-determination policy of the twentieth century. It has been called the first case in the modern era of federal Indian law. Although no one has written a history of the case, it is generally; Search Snippet: ...This Part describes this progression. By the twentieth century, American Indians had experienced centuries of efforts to separate them from their... 2011  
William Bradford With a Very Great Blame on Our Hearts: Reparations, Reconciliation, and an American Indian Plea for Peace with Justice 27 American Indian Law Review Rev. 1 (2002-2003) In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the; Search Snippet: its stead. [FN204] Beginning in the late nineteenth century, Indian children were taken, often without parental or tribal consent, to boarding schools where their hair was cut, their tribal clothing exchanged... 2003  
Catherine S. Connell , Leslie A. Hagen , Stephanie C. Knapp , Unit Chief, Child Victim Services Unit, FBI Victim Services Division, National Indian Country Training Coordinator, Office of Legal Education, Executive Office for United States Attorneys, Supe WORKING TOGETHER: BUILDING AND SUSTAINING A MULTIJURISDICTIONAL RESPONSE TO MISSING OR MURDERED INDIGENOUS CHILDREN AND ADOLESCENTS 69 Department of Justice Journal of Federal Law and Practice 5 (March, 2021) Sadly, children, all too frequently, go missing in communities across the country, including tribal communities. A prompt, comprehensive response to these cases is critical to recovering the children and prosecuting cases if a child fell victim to a crime. Our fundamental understanding and knowledge of investigating missing person cases and the... 2021  
Roopa Bala Singh YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 99 Denver Law Review 725 (Summer, 2022) Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... 2022  
  Young Once, Indian Forever 1 U.C. Davis Journal of Juvenile Law & Policy 16 (Fall, 1996) Several years ago, a young woman with a striking Navajo appearance walked into the offices of the National Indian Justice Center to inquire about her Native American heritage. For purposes of this story, call her Jane. In a soft, deliberate voice, Jane recalled the history of her young life. She had been told that her biological mother was a young; Search Snippet: ...YOUNG ONCE, INDIAN FOREVER Criticism of the Amendments to the Indian Child Welfare Act Copyright © 1996 by Regents of the University of... 1996  
Danielle J. Larson You're Breaking Up: the Faulty Connection Between Congressional Intent and Supreme Court Interpretation in Adoptive Couple V. Baby Girl, 133 S. Ct. 2552 (2013) 93 Nebraska Law Review 517 (2014) I. Introduction. 518 II. Background. 519 A. Legislative History of ICWA. 519 1. Indian Child Removal Pre-ICWA. 519 2. Factors Driving Removal Rates. 520 a. Physical Abuse. 520 b. Ethnocentrism. 520 c. Institutional Structure. 523 B. Overview of ICWA. 524 C. Existing Indian Family Exception. 525 D. Mississippi Band of Choctaw Indians v. Holyfield; Search Snippet: ...II. Background 519 A. Legislative History of ICWA 519 1. Indian Child Removal Pre-ICWA 519 2. Factors Driving Removal Rates 520... 2014  
Hannah Duncan YOUTH ALWAYS MATTERS: REPLACING EIGHTH AMENDMENT PSEUDOSCIENCE WITH AN AGE-BASED BAN ON JUVENILE LIFE WITHOUT PAROLE 131 Yale Law Journal 1936 (April, 2022) The Supreme Court has placed restrictions on courts' ability to impose life-with-out-parole sentences on juveniles. Most recently, Jones v. Mississippi underscored how existing Eighth Amendment protections fail to extend categorical protection to all juveniles. Tracing the history of intrachildhood classifications, this Note argues that Jones's... 2022  
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