AuthorTitleCitationSummaryYearKey Term
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  
Subini Ancy Annamma , Jamelia Morgan YOUTH INCARCERATION AND ABOLITION 45 New York University Review of Law and Social Change 471 (2022) The COVID-19 pandemic has laid bare the dangers of the juvenile legal system; this should make it harder to look away from the societal inequities that are exacerbated by youth incarceration. Indeed, the current moment, including the unprecedented nationwide protests in response to the murders of George Floyd and Breonna Taylor in summer 2020, has... 2022  
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